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Criminal Risks And Regulation Of Internet Financing Mode

Posted on:2016-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206330461967542Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Internet Crowdfunding is a type of the up-to-date Internet Finance nowadays. The project sponsor publishes his financing plan to attract the investor’s capital via the Internet Crowdfunding website. The ArtistShare web created by Americans in 2011 is the first Internet Crowdfunding website in the world, and the Dianmingshijian web built in July 2011 became the first one in the domestic. The Internet Crowdfunding website could be divided into several categories, including the comprehensive and the specialized, the profitable and the unprofitable, of the product and of the share.The risks of the Criminal Law of the Internet Crowdfunding Financing Mode means whether the project sponsor, the website operator or the investor suspects crimes. The project sponsor on the Internet Crowdfunding website of the share may suspect the crime of issuing shares without authorization or illegal collecting the public deposits, and on the one of the product may only suspect the latter one. The website operator on the Internet Crowdfunding website of the share may suspect the crime of setting up financial institutions without authorization or illegal business operations. Besides, the website operator and the project sponsor on the Internet Crowdfunding website of the product or of the share may suspect the joint crime of issuing shares without authorization or illegal collecting the public deposits.The rule of the Criminal Law of the Internet Crowdfunding Financing Mode means balancing the contradiction between the Internet Finance updating and the Criminal Law revising. It is proper to choose the USA and Canada in America and Italy, the UK and France in Europe as the comparative targets of laws revising on the Internet Crowdfunding. From the perspectives of the amount of financing, the number of investors or other factors of the objective constitutive requirements of crime, the Criminal Law regulates the Internet Crowdfunding in four ways, that is, confirming guilty or unguilty on the debatable situations, adding guilty situations in the unguilty part before, adding unguilty situations in the guilty part before, and delivering convictions prudently in criminal justice. It is necessary to combine the Criminal Law with the economic laws and regulations to promote the sustainable development of the Internet Crowdfunding Financing Mode.
Keywords/Search Tags:The Internet Crowdfunding, Financing, The Risks of the Criminal Law, The Rule of the Criminal Law
PDF Full Text Request
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