Research On Criminal Responsibility Of Fund - Raising Behavior Of P2P Network Loan

In China, P2 P lending network has been developed 10 years, it can meet domestic demand for a greater degree of private lending. But in recent years, a lot of net loan companies mix other financial services that involved in the loan transaction, and even set up a pool of money lender to absorb investment funds that will be transferred directly to the platform’s own account, investment funds management and deployment of a large number of users that has substantial control over the funds, in order to enhance their competitiveness. Some Internet loan company carried out financial business from collecting funds for their own production operations. Such behaviors has violated the relevant provisions of the Commercial Bank Law, and it also need to be fall into lager regulation because the social harm of criminal law.In recent years, the industry became controversial due to illegal fund-raising cases occur frequently. China is no specific legislation against P2 P industry currently, and the existing law has the lower hierarchy, so the criminal law urgently needed to intervene to regulate it because of illegal fund-raising activities has great social harm. The current portion of the existing penal provisions may not adapt to the actual situation P2 P net loan, so the paper also analyzed the actual situation. As P2 P company’s business model has changed and lead to criminal risk, therefore it should be analyzed to establish a pool of money and to carry out financial business model from the platform. This passage find the relationship between activity and criminal regulation by studying the currently available information to identify P2 P illegal fund-raising company association and take literature, theoretical analysis and comparison of methods to find more suitable ways for the development of the current criminal net loan industry regulation. Since the illegal fund-raising net loan companies may simultaneously violate regulations and administrative provisions of the Penal Code, we consider the relationship between criminal and administrative regulations and find the right approach to transition to avoid regulatory chaos. So, we need to improve the current chaos net loan industry to avoid illegal fund-raising behavior through the improvement of the criminal law.