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Research On The Path Of Criminal Crime Regulation In

Posted on:2017-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:P JiangFull Text:PDF
GTID:2206330488997697Subject:Law
Abstract/Summary:PDF Full Text Request
P2P network lending in recent years as China’s rise of a web-based peer lending model of Internet technology, compared to traditional bank financing, private lending and other traditional financing model has a natural advantage. P2P net loan mode after entering the country, in the absence of barriers to entry, lack of industry standards, the absence of regulatory bodies, the conduct of the brutal style of development platform Paolu phenomenon frequently disrupt social and economic order, damage many investors property interests. P2P platform provides many services has gone beyond the definition of the essential meaning of P2P platforms, on suspicion of illegal deposits from the public, financial fraud, illegal establishment of financial institutions, money laundering and other charges, the alienation of P2P P2P foot of behavior is the main cause. With the severity of You Yi network, venture capital and other oriental platform P2P net loan absorption occurs alleged illegal deposits from the public, financial fraud and other criminal cases, people began to notice the alienation of P2P platforms behavioral problems. In this paper, the theory of criminal law as the basis, through the standard analysis, historical analysis, empirical analysis and other methods of financing of P2P network does not regulate business behavior analysis, it pointed out that the financing does not regulate P2P network constitutes a crime of illegal fund-raising, and the P2P network Discrimination between fund-raising behavior suspected of various offenses, among crime or were discussed, and the limits of incrimination, regulatory path were discussed.The first chapter introduces the development of China’s P2P network financing, financing model describes the P2P network, concepts, features, and various modes of P2P network lending, financing of the P2P network to our financial model brings innovation to give a positive, too It analyzes and summarizes the reasons P2P network lending in the rapid development of our country.The second chapter of alienation P2P platform business model hidden criminal law make risk analysis, that the P2P network lending may be suspected of the crime of illegal deposits from the public, financial fraud, illegal establishment of the crime of financial institutions, illegal business, misappropriation of funds, money-laundering offenses, Gregory lending crime, the crime of illegal issuance of bonds, fraud and contract fraud and other criminal risks; at the same time, lending to P2P networks might be involved in these crimes were revealed reasons.The third chapter focuses on the criminal law to intervene rational analysis P2P network lending field. P2P networks involved in fund-raising that the criminal law has a necessity. By analyzing the alienation of P2P network lending platform that the P2P phenomenon is prone to foot the financial order, the public had a great deal of harm Criminal Law P2P networks have the necessary fund-raising behavior and rationality. Of course, in encouraging innovation and development of the current Internet banking should not be too much intervention. Modesty should maintain its lines, in order to encourage and protect innovation, freedom, efficiency as the basic scale, allowing P2P network lending platform benign and healthy development.Finally, the fourth chapter discusses the contents of this article, proposed Criminal Law P2P network lending should remain modest and restrained, and improve relevant laws and made recommendations. It should adhere to the principle of the second offense, the principle of fairness, the principle of encouraging innovation; establishing confessing system to improve the crime of illegal deposits from the public, raising the threshold of the crime of fraud; and supporting the proposal of building-related penalty system.
Keywords/Search Tags:P2P network lending, Illegal fund-raising, The crime of illegal deposits from the public, Regulation path
PDF Full Text Request
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