Study On Criminal Regulation Of Network Financing

The great social harm of illegal network financing activities determines the necessity of criminal law regulation of network financing. At the same time, the innovation of network financing and the modesty of the criminal law determines the limit of criminal law regulation of network financing. With the frequent occurrence of criminal cases of network financing, there is a gradual expansion trend of criminal law regulation of network financing which seriously hindered the development of network financing. We should make clear the principle of criminal law regulation of network financing, restrict judicial application, and consummate the related legislation by analyzing the deficiency of the current regulation system of criminal law which is very important to protect the financial innovation and promote the development of network financing. The whole paper contains three parts:The first part is the description of the present situation of network financing crime. The first part analyzes the characteristics and main forms of network financing crime on the basis of accurately defining the concept of network finance and network financing crime. Network financing crime mainly has three forms of financial capital pool model, non qualified borrower model and ponzi scheme model. Compared to other financial crimes, network financing crime is showing a trend of high incidence, its way of crime is more secretive, it involves more people.The second part further analyzes respectively the necessity and deficiency of criminal law regulation of network financing. The second part makes clear the necessity of criminal law regulation of network financing by analyzing the great social harm of illegal network financing activities. But the criminal law regulation of network financing is not appropriate, there are many deficiencies such as low incriminate threshold, unreasonable allocation of penalty, related offenses boundaries are not clear and the regulation of criminal law is not compatible with the administrative supervision.The third part puts forward the Countermeasures of criminal law regulation of network financing. On the basis of upholding the principle of legality, restraining criminal law and two violation, we should restrict the application of related charges, define the boundaries between this crime and other crimes, and mitigate the punishment to restrict judicial application, at the same time, we should also abolish the Crime of illegally absorbing public deposits, extend qualification penalty and coordinate criminal legislation and administrative legislation to consummate the related legislation, only in this way, we can build a Scientific and reasonable criminal law regulation system of network financing to make sure the appropriate regulation of criminal law of network financing.