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人人贷作为近年来新兴的网络借贷模式,以其较低的入场门槛、便捷的线上交易方式、灵活的还款期限以及弹性较大的利润率吸引了大量亟需资金的企业、个人,以及有闲置资金的投资者前来参与。目前学界研究大多集中在将其纳入金融监管体制下的利弊权衡,对该模式各参与者及关联者间的具体法律关系鲜少涉猎,以至于发生的大量实际纠纷仍难以得到解决。本文旨在探讨并界定人人贷模式下各主体间的民事法律关系,为援引现行民法规范定纷止争提供理论依据。
As a new mode of online lending in recent years, people-to-people loans have attracted a large number of enterprises and individuals in desperate need of funds because of their lower entry thresholds, convenient online transactions, flexible repayment terms and greater flexibility in profitability , As well as investors with idle funds come to participate. At present, academic research mostly focuses on weighing the pros and cons under the financial supervision system and rarely investigating the specific legal relationships among the participants and associates of the model, so that a large number of actual disputes that occur are still difficult to be solved. The purpose of this paper is to explore and define the civil legal relations among the subjects under the mode of people-to-people loans and to provide a theoretical basis for invoking the existing civil law provisions.