Study On The Criminal Regulation Of The P2P Lending In Our Country

P2P lending are realized through the Internet platform between individual and individual direct borrowing, lending to P2 P network platform is a network of help borrowers and lenders to borrow information intermediary platform. Based on the deep understanding of the P2 P network lending, we found that the borrowing pattern is relying on the advanced Internet technology, and borrowing main body participation in the process of operation more extensive, and the easy way to trade effective lending patterns, but as an investor’s lenders also face high yield and high risk situation.P2P lending originating in the UK, its formation and development of the benefit from western developed market economy conditions. P2 P lending is a kind of import in our country, the P2 P lending to absorb and draw lessons from the abroad. According to the two different standards, we P2 P lending patterns can be divided into two kinds. Based on P2 P lending platform itself is directly involved in the borrower and the lender are people on both sides of the creditor’s rights debt relations as the standard, we can put it into the mediation platform mode and creditor’s rights transfer mode. According to whether the introduction of guarantee mechanism for the standard, we can be divided into unsecured will borrow a P2 P network model and secured.Foreign lending to P2 P network formation and the development benefit from western developed market economy environment, and in our country is not developed under the background of market economy, the social credit system is not sound, imperfect financial guide regulation, social financing imbalance between supply and demand and other factors, many P2 P network platform for the development of loan in our country started from its original trajectory, is beyond the scope of the required information intermediary services, more or less involved in the actual transaction, the performance of some platforms have alienated to financial business, and even suspected of illegal crime problem, a series of information about the nature of the platform is no longer a platform. To change the nature of P2 P network borrowing, we referred to as the "alienation" of lending to the P2 P network. Lending to the alienation of the P2 P network is mainly use the platform for itself or associated with the borrower financing; Platform to set up the pool; Platform itself provides the guarantee for lenders.In lending to "alienation" of the P2 P network, the network lending platform is easy to trigger withdrawal difficult problem such as, business failures, allowed to run road, even some platform also specialise in illegal and criminal activities. Using the platform from the harmony in the process of violations, set up the pool, exist in high yields for bait, promises to break-even servicing, violation of public funds, the behavior crime alleged illegal financing. In particular, suspected of the crime of illegal absorb public deposits and the crime of fraud of the funds. These crimes caused a large number of investors’ money can’t return, at the same time severely disrupted the market economic order and financial management order and caused serious social harmful consequences. At the same time, to the lender in the process of network borrowing funds lack of effective supervision and audit, some criminals are likely to use such a channel to commit money laundering.From the purpose of criminal law and the purpose of punishment and crime concept point of view, it is necessary for us by the means of criminal law to regulate. But, the criminal law as the last line of defense of adjusting social relations, should keep the tolerance, only when other means can’t effectively regulate criminal law intervention. From another perspective, the P2 P lending is a financial innovation mode, the Internet to meet the demand of small micro enterprises and personal finance investment has certain positive role, will be conducive to the implementation of Internet financial innovation. Therefore, we should be in the regulation of P2 P lending between chaos and better play its positive role to find a balance of interests.In the process of P2 P lending crime mainly suspected of the crime of illegal absorb public deposits, fund-raising fraud and money laundering. Some "alienation" platform will borrowing needs in the guise of products sold to investors, and the behavior of illegal funds and the unqualified borrowers fictional facts to conceal the truth, more than under the guise of the name of the borrower in issuing false borrowing information, through the platform to no particular illegal funds the majority of people may be suspected of the crime of illegal absorb public deposits or the crime of fraud of the funds. Charges to tell which is an important factor is that of "the purpose of illegal possession". Whether for the offender for the purpose of illegal possession, insist on the principle of the unity of subjective and objective, comprehensive analysis the case facts. In addition, some lenders use platform implementation of money laundering, may be suspected of money laundering crime. Criminal law is not an end, the parties in the process of proper network borrowing main body of different crime at the same time, we should also call for P2 P strengthening industry self-discipline, urged regulators to perfect the related regulations, in order to better guide the healthy development of norms P2 P lending industry.