AHP-Based Online Lending Platform Industry Development Risk
Evaluation and Legal Regulation
Hechao Lou
1
College of Law and Political Science, Zhejiang Normal University, Jinhua, China
2
Law School, Jiangxi University of Finance and Economics, Nanchang, China
Keywords: Analytic Hierarchy Process, Online Lending Platformer, Risk Assessment, Legal Regulation.
Abstract: The rise of online lending platform industry has become an important form of Internet financial model, but
its own development is often affected by many factors. There are still some risks. Through the quantitative
analysis of the influencing factors, we can accurately predict the risk proportion in the development process
of online lending platform industry and provide targeted prevention and control countermeasures. With the
help of AHP, this paper quantitatively evaluates the relevant factors of the development of online lending
platform industry by combining qualitative and quantitative methods, and constructs the risk evaluation index
system for the development of online lending platform. The results show that the positioning, guidance and
regulation of laws and regulations play a key role in the operation of online lending platform and the
development process of the whole industry. From this point of view, the paper puts forward the compliance
decision-making suggestions from the perspective of legal regulation, in order to provide reference for the
healthy development of the online lending platform industry.
1 INTRODUCTION
The development of new generation information
technology has fundamentally changed many
traditional lending models. The online lending
platform model based on peer-to-peer has become a
new organizational form in the development of
financial industry. The operation of online lending
platform depends on the Internet, the whole lending
process takes place between the Internet, and the
application materials and contract processing are
completed online. The online lending platform can
collect funds through its own financing and other
forms to lend to individuals, or as an intermediary
platform to provide greater loan information support
for individuals or small and medium-sized enterprises.
In addition, there are credit transfer mode, large
enterprise network service platform mode and
comprehensive transaction mode based on
parameters. Compared with the traditional bank
lending business model, most enterprises in the online
lending platform industry are private, which is a new
financial model of private financing and lending under
the birth of Internet technology. However, there are
relatively high risks in the development of the online
lending platform industry, and the platform will
spread some of the risk to their users. In 2019 alone,
there will be 732 platforms out of the industry,
including 222 problem platforms.
The online lending platform is a financial
transaction that bypasses the traditional intermediary
by directly connecting the borrower and the lender,
which makes the legal position of the platform itself
vague. There is no consensus on whether it is an
internet financial service website, an intermediary
trading institution, a financial lending enterprise, or a
kind of Inclusive Finance, there is no clear explanation
on laws and regulations. However, as an emerging
Internet financial model, the development of online
lending platform industry has been concerned and
studied by many scholars. At present, scholars at home
and abroad mainly analyze the development trend of
online lending platform industry from a qualitative
perspective, so as to make risk assessment and
regulatory recommendations. For example, Professor
Tandja Jorgensen of Aarhus University said: "some
financial regulators believe that the online lending
platform is not a credit intermediary, but actually a
financial institution created by investors, which needs
to be licensed as a bank (Tanja, 2018)
Dr. Williams
Warren, from Duke University Law School, pointed
out that the financial regulatory authorities in the UK
and the United States are constantly trying to build all-
round systematic regulatory measures to improve the
18
Lou, H.
AHP-based Online Lending Platform Industry Development Risk Evaluation and Legal Regulation.
DOI: 10.5220/0011720000003607
In Proceedings of the 1st International Conference on Public Management, Digital Economy and Internet Technology (ICPDI 2022), pages 18-25
ISBN: 978-989-758-620-0
Copyright
c
2023 by SCITEPRESS Science and Technology Publications, Lda. Under CC license (CC BY-NC-ND 4.0)
existing laws and regulations based on the overall
development model of the online lending platform
industry (William, 2016). Some domestic scholars in
the financial field analyze risks directly from the
perspective of supervision and control, or expose risks
from daily operation practices and the platform's own
operation mode, while some scholars take the
supervision experience of British and American
countries as enlightenment to explore risk avoidance.
Many domestic scholars in the field of law mostly start
from the perspective of legal meaning, or make
qualitative analysis on the shortcomings of existing
laws and regulations together with relevant actual
cases. It can be seen that the empirical research on the
risk evaluation of the development of online lending
platform industry by combining qualitative and
quantitative research is still slightly insufficient. The
multi-dimensional index system construction and
quantitative risk assessment research based on the
system can not only combine qualitative and
quantitative parameters, but also make statistical
decision-making prediction more accurately through
matrix and quantitative test. Effective regulation of
online lending platforms and timely early warning of
problems are of great and urgent significance for
investors and government regulators (CHEN, 2017).
Based on the risk assessment method of AHP, this
paper constructs the risk assessment index system for
the development of online lending platform from the
six primary index dimensions of financial market risk,
platform own risk, trust crisis risk, data security risk,
network operation risk and laws and regulations risk,
and quantitatively analyzes the index weights at all
levels, Carry out qualitative and quantitative analysis
on the main risks of the development of the online
lending platform industry, and then combined with
relevant laws, regulations and theoretical knowledge,
put forward regulatory suggestions for the
development of the industry, in order to promote the
development of the online lending platform industry
in a good business rule of law and financial
environment.
2 ANALYSIS OF THE FACTORS
AFFECTING THE
DEVELOPMENT OF THE
ONLINE LENDING PLATFORM
INDUSTRY
2.1 Financial Market Risks
Changes in the market will affect the changes in the
development of the industry. Today, there are many
factions in the development of the online lending
platform industry. Although the private sector is the
main, the development of online lending platforms of
banking, state-owned assets, listing and venture
capital is also very rapid. The main reason is to seize
the available resources in the era of network finance.
Especially the changes of real estate financial market,
consumer financial market and supply chain financial
market can bring huge business visits to the
development of online lending platform. Moreover, a
large number of capital supply and transactions will
involve the issue of financing changes. The
development of some online lending platforms is
established in the form of social financing, and users
also use online lending platforms for financing. Since
2018, the average financing cost of online lending has
been 21%, which is a heavy cost burden for the
development of the platform itself. Moreover, with the
shrinking loan balance since 2019, the month on
month decline of transactions, industrial interest rate
disputes, tight monetary policy, exchange rate
fluctuation and other reasons, the investment
recognition has been further reduced. The default risk
rate, liquidity risk rate and term risk rate increased
significantly, and the average rate of return declined,
which also made the development of the whole
industry fall into a relatively low stage.
2.2 Platform's Own Risks
The problems of the platform itself have gradually
become one of the factors restricting its development,
and even some of them are in the decline. Since 2019,
the number of problem platforms has reached more
than 200. Nearly 40% of the platforms have been
closed directly because the network base stations are
not maintained. These closed platforms themselves
are relatively small and lack brand awareness. In
addition, the overdue operation of the online lending
platform is one of its common self risks, which refers
to the situation that the borrower cannot repay the
specified account of the platform on schedule. There
are subjective overdue caused by malicious evasion of
debt, and there are objective overdue caused by
uncontrollable force. The occurrence of overdue
directly leads to the problem that the payment cannot
be realized at maturity. With high overdue rate and
large bad debt base, it is a fatal blow to those self
financing platforms and platforms lacking capital
chain support, which will directly lead to the dilemma
of cash withdrawal, and some platforms will even
choose to run directly. For the development of many
platforms, there will be a critical point to try to
AHP-based Online Lending Platform Industry Development Risk Evaluation and Legal Regulation
19
establish or operate in violation of laws and
regulations. The public security economic
investigation organ will also intervene directly or in
advance in the investigation according to the actual
situation. The platform during the investigation period
cannot operate and will be suspended due to long-term
investigation.
2.3 Trust Crisis Risk
A large part of the risk of trust crisis is the continuation
or appearance of the risk problems of the platform
itself. Default risk, fund-raising fraud and illegal
absorption of public funds are the three most common
forms. Due to high overdue rate, large bad debt base
and delayed payment, the risk of default will be
greatly triggered. At this stage, there are many online
lending platforms in the form of financial media. In
essence, they are a kind of credit intermediary, which
provides borrowing customers with corresponding
borrowing channels and the choice of guarantee mode,
and do not lend themselves. This also leads to the
situation that some platforms blind credit intermediary
in order to expand their own financial information
service customers, increasing the risk rate of default.
Some "self financing" platforms or creditor's rights
transfer mode platforms are prone to damage to the
balance coefficient when the two sides of creditor's
rights and debts are connected. The transfer of
creditor's rights is actually greater than the loan
amount, and the transfer of non-existent creditor's
rights is equal to the loan amount, which belongs to
the category of illegal fund-raising. The situation with
more fund-raising scams is similar to the pyramid
scam, which uses the new funds of investors to pay the
previous interest and short-term return, so as to create
the illusion of higher rate of return, and then cheat
more capital investment. Illegal absorption of public
funds is also a common behavior in the field of online
lending. When some platforms act as intermediaries,
they actually conduct self financing in disguise in the
name of intermediary financial information services to
collect funds indirectly or directly. Collusion in illegal
lending, collusion in illegal splitting of financing
projects and borrowers' deliberate concealment of
facts will lead to illegal absorption of public funds. It
is very important to reduce credit risk and promote the
healthy development of online lending services.
2.4 Data Security Risks
Based on the development of Internet technology,
online lending, as a new form of network finance, is
rapidly popular, but the virtual space of the network
and the privacy of data information also pose
challenges to the data security of the platform. Data
information asymmetry is one of the difficulties that
need to be overcome in today's platform. Taking the
intermediary online lending platform as an example,
as the medium for lending data information release, in
addition to the necessary basic data information of the
lender, borrower and guarantor, it is also necessary to
review the data information source of the borrower.
However, some platforms often ignore the audit of
data information for the sake of service performance,
and the borrowers with poor qualifications appear.
Due to the imperfection of the current credit
information system and the concealment of network
data information, it is very easy to cause data
information asymmetry due to negligence. As a result,
a large number of borrowers with bad qualifications
are involved in adverse selection events. Because the
lenders and guarantors are at the disadvantage of data
information acquisition, they can only lend according
to the average quality. On the contrary, the borrowers
with good credit qualifications can not get funds, and
the overall operation efficiency of online lending
drops sharply. Data tampering and data embezzlement
are common in self financing platform, and there are
also behaviors of constructing false fund pool and
distributing false data. In order to self finance or
collect funds in disguise, some platforms will tamper
with and misappropriate the data of lenders, borrowers
and Guarantors in order to achieve the collection of
their own funds or income from improper interests.
Relevant legislative departments must constantly
update the latest technological progress related to data
flow mechanism, so as to effectively combat any
adverse situation and avoid all kinds of cyber crimes
caused by data security risks. In compliance with the
necessary privacy policies, collect, store and process
data, and pay attention to the cultivation of self
transaction security awareness of users using data
(Chatterjee, 2019).
2.5 Network Operation Risk
Websites, apps or cloud platforms are common
network lending platform models. The emergence of
system vulnerabilities, attacks from the network and
the lack of technology will affect the operation. There
are design defects in the development and operation of
program and operating system, which is also a kind of
system security defects. It is very easy for criminals to
use the loopholes of the platform system itself to
obtain improper interests, or directly crawl user
related data and information. Peers may also take
advantage of the system vulnerability of the platform
ICPDI 2022 - International Conference on Public Management, Digital Economy and Internet Technology
20
to carry out malicious attacks and destruction, making
it unable to operate normally and lose
competitiveness. Network attacks through system
vulnerabilities also occur frequently, and the network
lending platform has become a disaster area subjected
to network attacks in recent years. Hacker intrusion,
virus Trojan attack, coupled with the lack of technical
support, the harm of user data leakage, the spread of
bad and false financial information and the threat of
mobile finance has become increasingly prominent. It
is urgent to strengthen the ability of network security
prevention and improve the overall environment of
network security (Guo, 2020).
2.6 Risks of Laws and Regulations
Due to the lack of guidance of necessary laws and
regulations in the early development stage of online
lending platform, there are many forms of platform
and some non-conforming operations. Nowadays,
there are not only pure information intermediary mode
of auction loan, but also bank system platform
combining creditor's rights transfer, online and offline
synchronous lending website, guarantee company or
fund backstage as the operation platform, and some
platforms are lending platforms developed by
enterprises with special nature of Inclusive Finance
and services. There is no time for the law to
characterize the instantaneous emergence of many
online lending platform models one by one. The
operation of platform non-compliance will also touch
the boundary of violation of laws and regulations. The
penalty conditions of default risk, fund-raising fraud,
illegal absorption of public funds to the criminal law
regulation need to be strictly regulated according to
law. However, there are still some deficiencies in the
legal regulation of the behaviors that do not meet the
criminal standards but do not comply with the law. In
addition, changes in laws or policies, such as changes
in laws and local policies, will also affect the
development of the platform. For example, policy
support for local business environment and state
support for Inclusive Finance will help to stimulate the
development of online lending platform; For example,
tightened monetary policy, strict financial market
supervision and punishment regulations will bring
restrictions to the development of the platform to a
certain extent.
3 CONSTRUCTION OF A RISK
EVALUATION INDEX SYSTEM
FOR THE DEVELOPMENT OF
THE ONLINE LENDING
PLATFORM INDUSTRY
3.1 Concrete Construction of Risk
Evaluation Index System
After consulting the professional reports in relevant
fields such as the development report of the online
lending industry and the financial market operation
and environment report, and drawing on the relevant
results of the risk evaluation research of the online
lending industry at home and abroad, a risk evaluation
index system of the online lending industry with 6
primary indicators and 20 secondary indicators is
constructed, as shown in Table 1. Then, combined
with the questionnaire scoring opinions of relevant
experts in the field, the scoring data is judged by
matrix, and the corresponding index weight is
established.
Table 1 Risk evaluation index system of online lending
platform industry development.
First-level
indicators
Second-level indicators
Financial
market risk
A1
Market changes B1
Financing changes B2
Exchange rate changes B3
Interest rate change B4
Platform's
own risk
A2
website closure B5
Overdue payment B6
Economic investigation intervention B7
Cash withdrawal difficulty B8
Self running B9
Trust crisis
risk
A3
Fund-raising fraud B10
Default risk B11
Illegal absorption of public funds B12
Data
security risk
A4
Data information asymmetry B13
Data tampering B14
Data embezzlement B15
Network
operation
risk
A5
System flaw B16
Network attack B17
Technology deficiency B18
Legal and
regulatory
risks
A6
Lack of relevant laws and regulations B19
Changes of laws and regulations B20
AHP-based Online Lending Platform Industry Development Risk Evaluation and Legal Regulation
21
3.2 Analysis of Specific Secondary
Indicators
Market changes, financing changes, exchange rate
changes and interest rate changes. These four
indicators specifically cover the primary indicators of
financial market risk and reflect the changes of the
external financial environment affecting the online
lending platform industry, especially the changes in
the average financing cost. The higher the proportion,
the heavier the burden of the platform's own
development. Avoid combining SI and CGS units,
such as current in amperes and magnetic field in
oersteds. This often leads to confusion because
equations do not balance dimensionally. If you must
use mixed units, clearly state the units for each
quantity that you use in an equation.
Fund raising fraud, default risk and illegal
absorption of public funds are the main risk
manifestations causing the trust crisis. The increase of
trust risk will directly lead to a sharp decrease in the
access and use of investors and customers, and further
aggravate people's distrust of the online lending
platform itself, thus affecting its orderly construction
and the overall development of the industry itself.
The three indicators of data information
asymmetry, data tampering and data embezzlement
directly reflect the challenges faced by the online
lending platform as a new Internet financial model in
terms of data security.
System vulnerabilities, network attacks and
technical deficiencies. These three indicators are a
comprehensive assessment of the application building
of the network lending platform, software design
technology, operating system defects and the security
of the overall network environment.
The lack of relevant laws and regulations and
the change of laws and regulations are based on the
compliance consideration of the development of the
online lending platform industry. Correct regulatory
guidance and necessary regulatory means can greatly
promote the healthy and compliant development of the
industry to a certain extent.
3.3 Quantitative Evaluation of the
Development of the Online Lending
Platform Industry
AHP analytic hierarchy process is used to
quantitatively evaluate the development risk of online
lending platform industry. According to the analysis
of the nature of the platform risk problem, AHP
decomposes the problem into several sets of elements,
quantifies the correlation and subordinate relationship
between the elements, and aggregates at different
levels to form a multi-level analysis framework
model, so as to give the weight to the problem
hierarchically and arrange the advantages and
disadvantages of the decision according to the ranking
of the weight. The main calculation steps of AHP are
as follows:
Establish a hierarchical structure model to
layer the objectives, criteria and objects of decision-
making according to the relationship between them.
Construct the judgment matrix. When
determining the weight of each factor at each level, it
is unacceptable to conduct only qualitative analysis.
Therefore, it is necessary to add quantitative analysis
to the qualitative analysis, compare different factors in
pairs, and evaluate the level according to their
importance. For example, AIJ is expressed as the
comparison result of the importance of factor I and
factor J.
Find the maximum eigenvalue of the matrix
and the corresponding eigenvector, and normalize the
eigenvector. The value of the corresponding position
of the normalized eigenvector is the weight value of
the corresponding factor. This process is called
hierarchical single ranking. As for whether the
hierarchical single ranking can be confirmed, it is also
necessary to check the consistency of the matrix.
n
n
1j
1j
i
b
=
=w
(i=1, 2, 3...n) (1)
Calculate the n-th root of the product of elements
in each row of the judgment matrix. In the equation:
bij is the element in the judgment matrix; n is the order
of judgment matrix; Is the n-th power root of the
product of the i-th row element of the judgment
matrix.
w
=(
1
w
,
2
w
, …,
n
w
)
T
integrating the
weight vectors.
=
=
n
ni
i
i
i
W
W
W
(2)
It is the eigenvector of the obtained judgment
matrix, that is, the index weight.
=
=
n
1i
i
i
max
nW
WB
λ
(3)
ICPDI 2022 - International Conference on Public Management, Digital Economy and Internet Technology
22
Calculate the maximum eigenvalue of the
judgment matrix λmax. In the equation:i is the i-th
row vector of the judgment matrix.
3.4 Calculate the Consistency Index
(CI) of the Judgment Matrix and
Test Its Consistency
Consistency test is to determine the allowable range of
inconsistency for the matrix, in which the only non-
zero eigenvalue of the n-order uniform matrix is the
maximum eigenvalue of the n-order positive
reciprocal matrix λ Greater than or equal to n if and
only if λ When equal to N, the matrix is a consistent
matrix. The consistency test of the matrix can be
measured by the consistency index CI.
1-n
n-
max
λ
=CI
(4)
When the CI is equal to 0, it indicates complete
consistency. The closer the CI is to 0, the better the
consistency is. If the CI is larger, the more serious the
inconsistency is. In order to measure the size of Ci, the
random consistency index RI is introduced.
Considering the possible deviation of consistency due
to random reasons, when checking whether the matrix
meets the consistency, it is also necessary to compare
CI with the random consistency index RI to obtain the
test coefficient CR,
CI
CR
RI
=
, If
0.1CR <
It is
considered that the matrix has passed the consistency
test, otherwise it does not meet the consistency test.
4 RESEARCH CONCLUSION
In the quantitative results of primary indicators, the
weights of laws and regulations risk (w = 0.4174),
trust crisis risk (w = 0.2853), platform own risk (w =
0.0953), data security risk (w = 0.0864), network
operation risk (w = 0.0745) and financial market risk
(w = 0.0411) decreased successively, among which
the highest weight is laws and regulations risk, and its
weight is much higher than that of other indicators.
Shen Yan, the current development of the online
lending platform industry is inseparable from the
relevant guidelines of laws and regulations.
Specifically, from the quantitative results of the
risk judgment matrix of laws and regulations, the lack
of relevant laws and regulations has become a key
factor deeply affecting the overall development trend
of the online lending platform industry. The lack of
relevant laws and regulations may lead to the
ambiguity of the legal nature of the platform, and
make the whole industry fall into the existence
between legality and illegality. Secondly, there are
certain legal risks in the operation of the platform. Non
compliant business models often touch the boundary
of the law and become the source of crimes. In
addition, the changes and changes of laws and
regulations bring compliance guidance or regulation
to the development of the platform on the basis of
relative certainty, and they are also the key factors
affecting the trend of the industry.
In the quantitative results of secondary indicators,
the weight of these six secondary indicators is
relatively large compared with other similar
indicators, such as lack of relevant laws and
regulations (w = 0.6667), asymmetric data
information (w = 0.539), default risk (w = 0.4905),
cyber attack (w = 0.4111), website closure (w =
0.3844) and financing change (w = 0.3403), And there
is a certain correlation between the secondary
indicators. The illegal self financing and the rupture of
the capital chain have greatly increased the risk of
default. In addition, some platforms have their own
non-conforming operations, exposing the problem of
data information asymmetry. Coupled with the
intrusion of network attacks, the shutdown of platform
websites has become a major risk factor restricting
their own development.
To sum up, the positioning, guidance and
regulation of laws and regulations play a vital role in
the operation of online lending platform and the
development of the whole industry. This conclusion is
also mutually confirmed with the analysis in the
quantitative results of primary indicators.
5 SUGGESTIONS ON THE
LEGAL REGULATION OF THE
DEVELOPMENT OF THE
ONLINE LENDING PLATFORM
INDUSTRY
The development of the online lending industry is still
relatively young, and the operation mode and process
are not mature. The previous blowout platform growth
has also brought many risk problems. However, as an
important form of Internet financial development, the
advantages of online lending platform are also
obvious. Digital innovation has opened up new market
possibilities for the development of non-traditional
participants and online finance. The online lending
platform spawned by digital innovation also plays a
great supporting role in stimulating consumer lending,
AHP-based Online Lending Platform Industry Development Risk Evaluation and Legal Regulation
23
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,
ICPDI 2022 - International Conference on Public Management, Digital Economy and Internet Technology
24
which need to play a supplementary role of criminal
law to combat crimes in the process of platform
development. Such crimes include crimes in the
establishment and operation of the platform itself,
such as the illegal absorption of public deposits by the
online lending platform to meet the conviction
standard, the fund-raising fraud with the purpose of
illegal possession and a large amount, and the
provision of money laundering services for funds of
unknown origin, which can violate the relevant
provisions of the criminal law and are suspected of
criminal crimes. In addition, the destruction of the
platform by using Internet technology is also the focus
of regulation. The illegal and criminal acts of
deliberately destroying the opponent's operation
platform, stealing the other party's trade secrets and
user data information, and illegal network attacks by
using system vulnerabilities may be suspected of the
crime of destroying computer information system,
illegally obtaining computer information system data
and illegally controlling computer information
system, which need to be regulated by relevant
criminal laws. Cracking down on the illegal and
criminal acts of destroying the platform provides strict
legal guarantee for the development of the online
lending platform, and punishes the illegal and criminal
acts of the platform itself, which is conducive to
eliminating the development environment of the
whole platform industry.
6 CONCLUSION
The development of online lending platform industry
is an important part of Internet financial innovation.
The overall development trend of the platform is still
relatively clear and the market potential is large.
Diversified platform models and multi-channel
factional support tend to lower the threshold for the
development of online lending platforms. While
activating the financial market and reducing
transaction costs, it is also accompanied by the
development risks of many industries. This paper uses
analytic hierarchy process to construct a risk
evaluation index system for evaluating the
development of online lending platform from the six
primary index dimensions of financial market risk,
platform own risk, trust crisis risk, data security risk,
network operation risk and laws and regulations risk,
and carries out a qualitative and quantitative legal
regulation analysis according to the quantitative
analysis of weight. The paper puts forward decision-
making suggestions such as clarifying the legal
positioning of the online lending platform,
establishing or improving specialized laws and
regulations, and giving full play to the supplementary
role of criminal regulations.
REFERENCES
Chatterjee, Sheshadri. Is data privacy a fundamental right
in India? An analysis and recommendations from policy
and legal perspective. [J]. International Journal of Law
and Management,2019,61(1):170-190.
David W. Perkins. Marketplace Lending: Fintech in
Consumer and Small-Business Lending [R].U.S.A:
Congressional Research Service (CRS), 2018.
Guangxuan CHEN. Liping DING. Guangxiao CHEN. Risk
Analysis of Online Lending Platform Based on Bigdata
Technology [A]. Hong LIN. Research on the Risk
Management of the Online Supply Chain Finance-3rd
International Conference on E-commerce and
Contemporary Economic Development [C]. U.S.A:
DEStech Publications,2017.118-120.
Guo Yizhou, Feng Hua. Construction of Internet industry
security evaluation index system [J]. Statistics and
decision making, 2020, (3): 163-166.
Tanja. Jorgensen. Peer-to-Peer Lending - A New Digital
Intermediary, New Legal Challenges [J]. Nordic
Journal of Commercial Law, 2018,1(1): 232-260.
William S. Warren, The Frontiers of Peer-to-Peer Lending:
Thinking About a New Regulatory Approach[J],14
Duke Law & Technology Review, 2016, 14(1): 298-
316.
AHP-based Online Lending Platform Industry Development Risk Evaluation and Legal Regulation
25