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随着“互联网+”概念的兴起,传统金融模式与互联网结合越来越紧密,P2P平台基于其信息优势开始涉足资产证券化业务。但是,随着P2P问题平台的增多,以及金融父爱主义下的监管制约,P2P平台资产证券化发展无序,蕴含了诸多法律风险。如何平衡金融安全与金融效率之间的关系,在促进金融创新的同时保护投资者利益成为一个重要问题。应构建P2P平台资产证券化过程中的风险隔离制度,构建特殊目的实体以实现风险隔离,使P2P平台资产证券化业务在合法、规范的路径下不断完善、成熟。
With the rise of the concept of “Internet + ”, the traditional financial model has become more and more integrated with the Internet. Based on its information superiority, the P2P platform has begun to engage in the business of asset securitization. However, with the increase of platforms for P2P problems and the regulatory constraints under financial paternalism, asset securitization in P2P platforms has been undergoing disorderly development and poses many legal risks. How to balance the relationship between financial security and financial efficiency has become an important issue in promoting financial innovation while protecting the interests of investors. The risk isolation system should be established in the process of asset securitization in P2P platform. Special purpose entities should be set up to achieve risk isolation so that the asset securitization business of P2P platform can be perfected and mature under the legal and normative path.