Criminal Regulation Of P2P Illegal Fund-raising Behavior

P2P(peer-to-peer) network financing is very popular in our country these years. Under the condition of no regulation, no set up threshold, P2 P network financing has been developing rudely. After entering our country, P2 P network financing has developed new pattern of C hinese characteristics.The service content of many P2 P platform has transcended the original the definition of P2 P platform, under the guise of P2 P to cover operating financial business, t hese non-standard of P2 P behavior is the main reason for the P2 P collapse. As the end of the criminal sentence in the first case of P2 P in 2014, People have begun to notice the non-standard P2 P conduct the seriousness of the problem. In this paper, based on theory of criminal jurisprudence, through normative analysis, historical analysis, empirical analysis and other methods,The author has tried to analyze the non-standard behavior of P2 P network financing, pointed out that the non-standard P2 P network financing behavior constitutes the crime il egal financingThe main content of the first chapter is the introduction of the developed situation of P2 P network financing in our country. T he P2 P network financing model is different from previous bank financing and private financing, P2 P network finance has brought our country finance mode innovation. Because of the lack of social credit in our country, P2 P network finance development in our country have had offline mode.The establishment standard of P2 P network finance is required to the normal standards of the company only. All the characteristics of the above is taking the hidden legal risk.The second chapter, the paper has summarized the cause of the P2 P network platform in China suspected of illegal fund-raising. The acting of Criminal law regulating P2 P illegal Fund-Raising activity is necessary. P2 P network platform in C hina was involved in illegal fund-raising there are three main reasons: to set up the pool, the creditor’s rights relation opaque, platform for their creditor’s rights and bear the credit risk. Three reasons for this are the platform in the financial performance of the business, which hide a huge social harm, this kind of social harmfulness is the essence of criminal attribute, the acting of Criminal law regulate P2 P illegal Fund-Raising activity is necessary and rational.The third chapter focuses on the judicial cogniza nce, how the criminal law regulate P2 P network financing behavior. First of all try to introduce the scope of criminal law regulation of P2 P network financing behavior, why Criminal law regulate P2 P illegal fund-raising, for the cause of the P2 P fund-raising business is the low safety factor of risk management ability, it is easy to fall into a liquidity crisis, causing collapse, has great social harmfulness. Based on the law definition of illegal fund-raising, luring, openness and sociality, this paper has tried to analyze the illegal P2 P behavior: the P2 P illegal behavior is conformed to the crime constitution of illegal fund-raising.The last chapter, this paper has putted forward the criminal law in P2 P network financing should keep the tolerance, and puts forward suggestions for the laws, in giving P2 P network finance a private legal space for the development of corporate borrowing.