creating new sources of return on investment interest
rates, Inclusive Finance and industry support. As a
financial intermediary, online lending platform can
become a superior organizational form of economic
development on the basis of equivalence, but it will be
accompanied by different risks in its industry
development. AHP can intuitively reflect that the
guidance and governance of laws and regulations is an
indispensable key link in the development of the
industry. Therefore, it is suggested to put forward
compliance decisions on the development of online
lending platform industry from the perspective of
legal regulation.
5.1 Clarify the Legal Positioning of
Online Lending Platforms, and
Strictly Enforce Market Access
The continuous increase of the development risk of the
online lending platform industry is closely related to
the lack of legal positioning and strict market access
principles of the online lending platform. It is not
enough to understand what is an online lending
platform as an expression of an internet financial
model, which needs a clear legal interpretation and
positioning. Nowadays, there are many factional
sources of online lending platforms, resulting in many
forms, such as financial intermediary mode, creditor's
right transfer mode, online and offline comprehensive
marketing platform mode and so on. We should try to
define it from the existing civil law, commercial law,
economic law and other departmental law fields - we
can clearly define the online lending platform as a
platform for providing financial intermediary
information, which itself does not involve financing
and lending. Special creditor's rights transfer mode,
online and offline comprehensive marketing platform
mode and enterprise platform mode are allowed, but
they need to be considered from the perspective of
enterprises, regulated in accordance with the relevant
company law, and distinguished from general online
lending platforms by referring to the establishment
forms of small loan companies, subsidiaries and
branches. At the same time, strict market access shall
be implemented for the establishment of online
lending platforms, which must meet the industry and
market standard rules of relevant operations, improve
their access threshold, and establish different market
access principles for general online lending platforms
and special online lending platforms. With the
maturity of the financial industry, if the regulatory
issues are solved, generally speaking, the impact of
loan behavior in the market on the financial system
and economy will be more obvious (David, 2018).
While rectifying the chaos of platform development
through the limitation of legal positioning and market
access principles, it is also convenient for unified
supervision, which is more conducive to concentrating
high-quality resources to create an excellent financial
service platform, so that the form of Inclusive Finance
can also be carried out in accordance with regulations.
5.2 Establishing or Improving
Specialized Laws and Regulations,
Coexisting Incentives and Guidance
At present, there are no laws and regulations
specifically regulating the development of Internet
finance industry or online lending platform industry.
We can try to establish or improve special laws and
regulations on the basis of the existing financial law,
bill law, commercial bank law and guarantee law, and
implement the guiding ideology of the coexistence of
incentive and guidance. Provide policy incentives or
preferential policies to promote the sound
development of the industry, and guide and regulate
its business scope, financial information release, user
data review, industry interest rate control, etc. by laws
and regulations. Prevent illegal self financing, illegal
absorption of public funds and fund-raising fraud,
bring these risks under the monitoring of laws and
regulations in advance, ensure the stability of the
development of industry subjects, and play a
supervisory role to a certain extent. It not only gives
the online lending platform the relevant right to self-
development, but also reminds it to abide by laws and
industry norms, Reduce platform shutdown caused by
improper behavior. Timely investigate and deal with
illegal operations or improper network operations
such as the establishment of false capital pool, the
release of false financial information, the falsification
of customer lending data information, the failure to
disclose information in time and the failure to perform
the obligation of prudent review. On the premise of
grasping the scale of macro-control, we should tap the
market potential of the development of the industry
itself, promote the online lending platform to
strengthen the awareness of standardized operation
and industry self-discipline, and guide investors to
rationally balance capital returns and risks.
5.3 Give Full Play to the
Complementary Role of Criminal
Law to Crack down on Crimes in
Platform Development
During the operation of some platforms, there are acts
beyond the legal boundaries, even criminal acts,