中国互联网金融的发展与法律应对思路

Abstract

Internet technology and internet society promotes the development of internet finance. It is argued that the characteristic of China’s development, market structure and status of the finance industry has facilitated the rapid development of China’s internet finance. However, there are some theoretical and practical disputes exiting between academics, both traditional & internet finance institutions and regulators in terms of the future development of internet finance, its system construction and supervision regulations. It is further stated that there is almost no basic agreement on these aspects. Therefore, after considering the propriety of China’s internet finance, the main forms of China’s internet finance and the trend predictions of China’s internet finance, this study argues that a specially designed system is required to regulate internet finance in China. The regulations can be formed as general rules, or special rules, on internet finance and a regulation system which concerns to a special extent internet finance. This paper will contribute to internet finance supervisions by providing fair standards, regulatory thought which combines proper supervisions and innovative supervisions. The introduction of a new legal treatment to internet finance will also solve the newly appeared issues in the development of internet finance. Finally, after an effective regulation is established, the regulated entity will operate within the allowance of regulations and the whole internet industry will step into a sound development track.