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中国P2P网贷行业高速发展,网贷投资人面临的风险也与日俱增。为此,主流网贷平台建立了风险备用金制度,以降低客户的投资风险。但是,对风险备用金所有权归属、在风险备用金制度下平台是否具有自担保嫌疑等问题,存在较大争议。在当前网贷行业风险仍比较高的情况下,为保障投资客户权益,监管者应做到以下四点,以促进网贷行业健康发展:确立风险备用金的信托法律性质,以符合当前实践与合规性要求;规范风险备用金的管理;及时规范风险备用金信息披露制度及披露的间隔时间;规范风险备用金计提比例。
The rapid development of China P2P net loan industry, net loan investors are also facing the risk. To this end, the mainstream network loan platform to establish a risk reserve fund system to reduce the customer’s investment risk. However, there is much controversy over the ownership of the risk reserve fund, whether the platform has self-guarantee suspicion or not under the risk reserve fund system. In the current net credit industry risk is still relatively high circumstances, in order to protect the rights and interests of investment clients, regulators should do the following four points to promote the healthy development of the network credit industry: the establishment of the legal nature of the risk reserve trust in line with current practice and Compliance requirements; standardize the management of risk reserves; timely regulate the system of risk reserve information disclosure and the disclosure interval; and regulate the proportion of risk reserve withdrawal.