Study On Criminal Law Regulation For Internet Financial Crime

With the increasing popularity of the Internet in the lives of ordinary people,the financial-related activities conducted on the Internet have gradually became more widely accepted and were familiar to them.These Internet financial activities have had an impact on traditional financial activities,realizing the optimal allocation of financial resources as well as promoting and strengthening the improvement of the financial rules of law.At the same time,due to its rapid spread,wide coverage and low threshold,coupled with the lag of legislation and imperfect supervision,Internet financial crimes frequently occur which is very destructive to the society.This article takes this as a starting point to study Internet financial crimes,including analyzing the status quo of Internet financial crimes,the current situation of Internet financial legislation supervision,the problems and reasons of criminal law system.On this basis,putting forward the path of thinking about how to regulate Internet financial crimes.This article is divided into five chapters,which are written according to the logic of describing problems,analyzing problems and solving problems.The first and second chapters describe the basic concepts of Internet financial crimes and the status quo of such crimes.The third and fourth chapters analyze the predicament and criminal sin of the regulation of Internet financial crimes by criminal law.The fifth chapter discusses the path of developing the regulation of Internet financial crimes by criminal law and puts forward suggestions.The first chapter is an overview of Internet financial crimes.In order to clearly distinguish the type of crime,determine the criminal circle,accurately apply the criminal law and promote the development and reform of financial criminal law,it is very necessary to clearly define Internet financial crimes.Based on a combination of various viewpoints and taking into consideration of its development trends,put forward the view of the author relating to internet financial crime that the subjects of Internet financial crime primarily include Internet financial institutions,enterprises or other entities.The second chapter is the analysis of the status quo of Internet financial crime.This chapter is to analysis the characteristics of Internet financial crime,the development trend,the current legislative status and judicial practice.The main characteristics of Internet financial crime are the Internetization of criminal means,the infinite extension of criminal results,the coexistence of social harmful accumulation and diffusion of crimes,and the primary subjects of such crime are Internet enterprises.The main trend includes the increasing number of crimes,the continuous innovation of criminal methods and means,and the gradual formation of criminal situations and types.However,the current legislative situation is characterized by decentralization and lag which can no longer adapt to the current development of Internet finance.The foreign regulation is mainly based on traditional financial regulations and rarely separate legislation.In the judicial practice,the main reason is that the legal risk of criminal law is accumulating and the harm of crime is becoming more and more serious.The crimes involved are still under the crimes of traditional financial crimes,but their behavior patterns must have the possibility of being grafted on Internet technology.The third chapter is to describe the dilemma of criminal law regulation for internet financial crimes.First is the value balance of criminal law rooting in the conflict between the necessity of insisting on financial freedom and encouraging financial innovation and the limit of guaranteeing the financial order and maintaining the stability of financial system.Secondly,the limitations inherent in financial criminal law which are further extended and expanded in the field of Internet finance,including the over protection of criminal law on administrative supervision,excessive cracking on financial crimes,imperfect criminal law system for financial crimes,and deviations in interpretation.Lastly,the barbaric development of Internet finance itself,especially the unclear positioning of private financial law,has brought many new problems,which has led to conflicts in the choice of application of criminal law,deviation on crime protection focuses,conflict between financial innovation and criminal law protection.The fourth chapter analyzes the reasons for the dilemma of the criminal law regulation of Internet financial crimes.From the perspective of promoting the healthy and sustainable development of Internet finance,there is a strong need to supervise Internet finance,and the current regulatory status is not satisfactory,and it has led to the accumulation of criminal risks.However,the current unclear boundaries between administrative and criminal violations have brought many difficulties to the application of criminal law in Internet financial crimes.Since the objective basis of Internet financial activities is different from traditional financial activities and the current legislation is based on traditional financial activities,it is difficult to apply the current criminal law on Internet finance activities,including the identification of illegality,legal protection of tort and so on.The fifth chapter is to describe the path of developing the criminal law system of Internet financial crimes.The criminal law system must have fundamental positions and limits.It must be based on the nature of finance,and the criminal law should be involved,but it must maintain limits and modesty.On this basis,we must maintain the value balance of the criminal law system,including balancing financial innovation and financial security,and distinguishing between industry risks and financial crimes.In the process of regulation of Internet financial crimes by criminal law,we must consider the benefits and significance brought by Internet finance,adhere to the principle of secondary illegality.In the process of criminal regulation,we must maintain dynamic coordination with the market mechanism and maintain the connection and coordination with the administrative supervision.On the basis of the above,the criminalization standards of the Internet financial crime under criminal law are determined and the relevant crime name are improved;the judicial concept applicable to Internet financial crimes is raised and the purpose of the relevant crimes are limited.