The practical application of electronic contracts and investors how to effectively safeguard their rights

Each journalist Zhu Dandan came from Beijing

Although P2P solves both the time and space constraints of the two sides, there is room for improvement in actual operation. The practical application of electronic contract and how to effectively safeguard the rights of investors are prominent problems.

Yesterday (July 22), "Daily Economic News" reporter was informed that the building blocks of P2P platform to introduce a third-party Internet legal services provider Green Dog Network, the introduction of "contract review" "evidence of custody" and "activist trigger mechanism (platform Wills) "three measures, hoping to eliminate investor concerns about the contract and the actual protection of the difficulties.

"From an investor protection point of view, investor protection in the past may be a matter of fact and an accident, and this is an ex ante. From a judicial perspective, this is the forerunner of evidence preservation. From a financial regulatory perspective, Is the establishment of the disposal mechanism. "Li Aijun, director of the Center for Financial Innovation and Internet Finance Law of China University of Political Science and Law, commented on this mode of cooperation.

Hand legal services

Due to the P2P investment behavior online, the traditional face contract in the Internet era is no longer applicable, and then replace the electronic version of the document. Currently, the validity of electronic contracts has been recognized by law, but it is undeniable that the electronic data on which electronic contracts rely has a very high degree of instability. At the same time, as an intangible object, even if the corresponding signature authentication technology is introduced, it can not be avoided from the perspective of whether the contract is the original or not. At this stage of the electronic contract, whether or not the signature and authentication technology are introduced, it is hard to unconditionally become a direct and sufficient basis for determining the facts of all borrowings.

"The so-called 'contract review' means that the platform entrusts Green Dog Network to organize a team of specialized lawyers to review the relevant contracts of the financing project to ensure that the contract actually exists and sign the law. Contract and paper version of the contract storage and storage services to provide investors with the ability to check sequestration records and access to complete evidence channels.After systematic docking, investors can query the investment contract online storage online information.In addition, the platform also Joint green dog network design and the establishment of activist trigger mechanism (platform testament), that is, if the platform is closed abnormal, unfinished contract, Green Dog Network can provide relevant evidence to help investors claim to the lender claims, and if necessary Under the help of docking lawyers to start legal proceedings. "Dong Jun, CEO of the box said.

Dong Jun further pointed out that the value of the mechanism for triggering rights protection lies in the fact that even though the platform can not operate for any reason, investors also have channels to obtain the necessary evidence to support debt recovery and there is no opportunity for the financiers to evade their debts.

Zhang Xin Xin, CEO of Green Dog Network, also said that through such cooperation, the platform can provide project investors with a safer and credible third-party custodian institution. Once the dispute with P2P platform, project investors can escrow to third-party hosting platform, access, copy the contract, and can be compared and appraisal.

Will not raise financing costs

"P2P net loan in the loan process is completed, investors will receive an electronic contract, but at this stage of the electronic contract, whether it is the introduction of signature or authentication technology, it is difficult to unconditionally become full and true evidence of the facts of all borrowers, The introduction of the above three measures to a certain extent can be regarded as external credit. "Dong Chun pointed out.

However, investors are concerned that similar to the way of external credit increasing, the financing costs of the platform will not increase?

In response, Dongjun in the "Daily Economic News" reporter interviewed that, will not increase financing costs. Because in this way you can get the trust of a wider range of investors, and the platform of greater business volume, the average platform cost will be reduced.

Zhang Xinxin also pointed out that (for lenders and platforms) there will be no financial pressure, because the Internet is a means of using information technology, and third-party legal services platform to gather these lawyers themselves on the platform to provide you with Safe legal services. P2P platform and third-party legal services platform to better protect investors and other evidence.