Research On Internet Financial Crime

In this paper, my research focus on the problem of Internet financial crime as the subject, mainly through theoretical research, comparative analysis, empirical analysis and other methods, based on the principle of the two violation of law, from the perspective of administrative supervision and criminal law to study the problem of Internet financial crime. On the whole, this paper can be divided into three questions: One is what the Internet financial crime is, the second is how to identify Internet financial crime,and what content must be considered necessarily, Three is the dialectical relationship between the internet financial and criminal law, including the Internet demand for the expansion and improvement of the criminal law, as well as the criminal law rules the Internet financial as regulation and punishment. In addition to the introduction, this paper consists of ten chapters, main part of more than One hundred and sixty thousand words.The first chapter is an overview of Internet banking, a brief introduction to the concept of Internet banking, features, main formats, features and risks. The first section introduces the concept of Internet banking, comparatively analyse the point of the nature of Internet financial,between financial nature and the Internet nature. From the function of the Internet financial, this paper puts forward the Internet finance is the open type of innovative formats based on the integration of Internet and financial integration, To improve the financial operation mechanism as a means to achieve efficient circulation of funds,in order to achieve information symmetry, low risk, low cost of direct financing. The second section focuses on the analysis of the main formats of Internet financial model, Systematic induction, analysis and summary of domestic for the main pattern of Internet financial point of view, It is proposed that the format model of Internet banking is an open extension, With the continuous optimization of the Internet financial development, there may be a new model,based on this, this paper puts forward the main format of the model of the Internet financial market at present, mainly including the third party payment, P2 P network lending, the Crowdfunding, big data and the financial portal wet-site. The third section mainly introduces the objective reality of the rapid development of Internet banking in china, Including small and micro enterprises financing difficulties, private capital investment channels, and other aspects of the country's support. In the fourth section, based on the two sides of the Internet finance, that is, innovation and risk, respectively introduce the positive effects and risks of the Internet financial.The second chapter is the concept of Internet financial crime. The first section presents the origin of the Internet financial crime and the distinction and connection with the related crime concept. The second section briefly describes the characteristics of the Internet financial crime, Mainly including Internet companies as the main subject of crime, financial intermediation and data credit as the main object of the crime,criminal means to combine online and offline, the two illegal. The third section demonstrates the significance and function of Internet financial concepts, Clear the meaning of the Internet financial crime concept mainly includes a clear criminal circle, to promote the reform of criminal charges system, is conducive to the healthy development of Internet banking and so on.The third chapter is the expansion of the Internet financial criminal law.Borrow the Internet word of expansion,to introduce the Internet financial reflection in the expansion of the phenomenon of the criminal law. The first section of the legislation, the criminal law amendment nine to modify the crime of the sale, illegal provision of personal information of citizens, the subject of the crime to expand into a general body, expanding the scope of the protection of big data.Second section of the judicial aspect, because the crime constitution element is legal, not to expand the understanding, but according to the present situation of the social development, the appropriate expansion of the subjective and the objective aspect expression of crime is requisite. Specifically includes five parts, First, the expansion of the subject of crime, to put forward the small loan companies belonging to the nature of other financial institutions; Second, expansion of illegal possession, take bitcoin as an example, Under the control of digital property, this paper puts forward that physical control is not necessary in illegal possession, to the possession of data assets such as bitcoin, the control of the relevant account and password, is a sufficient condition. Third, the expansion of the scope of the property of the criminal law, that is, the data can be included in the scope of the property; Fourth, personal information scope expansion,In addition to the grant of laws, regulation and citizens, The personal information obtained by other means shall belong to the protection scope of the crime. Fifth, the electronic contract should be included in the scope of the crime of contract fraud.The fourth chapter is the criminal policy of Internet financial crime. Government to promote the development of Internet financial innovation, innovation means breaking into rules, If we still continue our criminal policy for the illegal fund-raising crime strictly, to a certain extent, it is to make the Internet financial practitioners pay the bill for a national policy.The first section, a brief description of the challenges of the Internet financial to criminal law, the main content of the Internet banking from the organizational structure, behavior content, behavior, etc., to a certain extent, may violate the criminal law specific charges.In the second section, the objective basis of the criminal law intervention changes, including changes of the objective basis and the national policy, as well as moderate breakthrough from local justice of the traditional financial supervision. In the third section, the scope of the criminal policy of internet financial crime. On the legal basis in the criminal law, the content mainly includes the second offense of criminal law principle and consequences of the principles of inspection.The fifth chapter, administrative supervision and criminal law review of the third party payment platform of China.The first section, the introduction of the concept of the third party payment, the main platform, payment models.The second section, the introduction of third party payment of administrative supervision in the United States, the European Union and China, as well as through the comparative analysis, evaluation of the similarities and differences.In the third section, through the analysis of the specific behavior of the third party payment, detailed exposition of the specific application of the crime of illegal absorbing public deposits, the crime of misappropriation of funds, money laundering, crime of illegal business operation, theft, fraud and other crimes.In the sixth chapter, we examine the administrative supervision and the criminal law of our country's P2 P internet lending.The first section describes the origin of the development of P2 P internet lending and the regulatory principles of the Chinese authorities. In the second section, we introduce the administrative supervision of the United Kingdom, the United States and our country, and evaluate the similarities and differences between China and foreign countries.In the third section, the systematic analysis of the P2 P network lending business model and the development of the alienation of the status quo.Section fourth, the introduction of macro constraints from the illegal fund-raising on the P2 P network lending,The specific analysis of three major forms of illegal fund-raising, including the pool of funds, the failure of the borrower and POND'S. In addition, through analysis of specific behavior, details of the specific application of the crime of illegal absorbing public deposits, financial fraud, misappropriation of funds, illegal operation and breach of entrusted property, focusing on specific application of criminal law in Using the asset securitization to split the creditor's rights and Engaging in the guarantee business.The seventh chapter is the administrative supervision and the criminal law review of the crowdfunding, The first section describes the origin and development, basic classification of the crowdfunding, and the relationship, differentiation between the crowdfunding and the private funding.The second section, introduced the administration regulation of United States, France and our country, and evaluation of the similarities and differences between foreign and China's regulatory rules.In the third section, binding to the crowdfunding's behavior pattern, analyse specific application of crime of issuing stock, corporate and corporate bonds without approval, illegal absorbing public deposits, fund-raising fraud, contract fraud, the crime of illegal business operation and Breach of entrusted property crime. This paper proposes to the crowdfunding platform under certain conditions can be defined as "other financial institutions" in the criminal law.The eighth chapter, big data administrative supervision and criminal law review. The first section describes the characteristics and value of big data. The second section introduces the data credit, which is divided into two parts: the supervision of credit investigation and the thinking of criminal law, The contents of the data mainly include the introduction of the United States, the European Union and our country on the administrative supervision of data credit and comparative evaluation.Criminal law thinking involves the risk of big data, the data's meaning of the criminal law, protecting path of large data from the criminal law and the main types of crime. In the study on the main types of crime, according to criminal law amendment 9 to the infringement of citizens' personal information crime, illegal access to personal information of citizens crime, the crime of illegal access to computer information system data, destruction of the definition of the information system of computer crimes and the crime of illegal business operation.Third section is criminal review of Electronic commerce small loan company,The main content of this section includes the basic situation and the development model of small loan business, etc., China's legal supervision of small loans and analysis of illegal business crime in small business loans.The ninth chapter of the Internet financial portal, The first section, the second section introduces the concept of Internet financial portal and other basic information, Internet financial portal is a collection of Internet financial services together, By comparing the price and the form of search to achieve the market price, Its own regulation is reflected in the regulation of a variety of business itself. The third section is the evaluation of the criminal law, the crime of illegal business operation is the main charge of Internet financial portal. Its specific performance includes to engage in Internet information services without license, traditional financial services to sell, brokerage, illegal engaged in asset management, as well as the problem of joint crime.The tenth chapter is the improvement of administrative supervision and criminal law under the internet financial.The first section proposes that China should realize the administrative mixed supervision, strengthen the financial security, safeguard the legitimate rights and interests of consumers and ideas of industry self-regulation supervision.Second section, put forward to improve the crime of illegal business, illegal deposits from the public, the crime of fund-raising fraud, the issue of shares, corporate bonds. The foothold is to give the Internet financial a certain development space, reform the purpose of the legislation in the above charges which has not been adapted to the requirements of the social development, improve from two aspects of the constitutive elements of the crime and sentencing recommendations.