Research On P2P Lending In Criminal Law

Looking back at the past several years, P2 P network credit industry has been developing fast all over the world like bamboo shoots after a spring rain and our country is no exception, and the "soil" of our country seems to be more fertile,the speed and scale of development in our country is second to none. But there is no denying that the problem of our P2 P network lending is also the most serious, has the biggest impact, the money involving is the most.This paper is divided into four main parts, the first part briefly summarizes the current situation of the P2 P network and its legal basis, based on the current P2 P industry development present situation and the legal basis, reveal its suspicion of the criminal law of potential risks. The second part analyzed the identity problems in the crime of illegal absorb public deposits, as the primary on charges of alleged illegal financing behavior, the cognizance of the crime of illegal absorb public deposits problem is particularly important. This chapter from the network platform with the borrower loan respectively discusses two aspects: network platform to absorb loan money completely deviate from its "information intermediary" the legal nature and without the approval of the relevant departments of the absorption funds business conducted by its own platform, and shall be deemed to constitute the crime of illegal absorb public deposits; And the borrower(qualified borrowers) in P2 P lending platform to carry out the public borrowing normal behavior, which are protected by civil laws(belongs to the folk lending), also belong to the current financial policy to encourage behavior, does not have illicit characteristics of crime of illegal absorb public deposits, should not be regarded as crime of illegal absorb public deposits. The third part focuses on analyzing the network platform of Fund-raising fraud crime, the boundaries of crime and not a crime,and crime boundaries identified problems. Fund-raising fraud crime and not crime, this crime and the crime of the boundaries of the key point is if they have " the purpose of illegal possession" and "use fraud method". The fourth part analyzes the P2 P lending in the crime cognizance question, the author thinks that the P2 P lending platform to perform regulatory obligations not loan does not necessarily constitute one-sided accomplice, identified in the P2 P network is borrowed the boundaries of unit crime and joint crime should be considered when the net credit platform belonging of criminal ACTS of the company’s personnel and the interests of the crime income belonging to.This paper is based on the current situation of the P2 P lending and suspected criminal legal risk, follow "legal status – find problems – analysis problems ", adopt the method of direct interpretation and comparative analysis, three criminal law problems involved in the P2 P network credit system research.In this paper, the biggest innovation point lies in the face to face with crime of illegal absorb public deposits in P2 P lending, fund-raising fraud and joint crime cognizance difficult problems, summarizing the existing literature, law, finance policy, on the basis of three criminal law problems involved in the P2 P network credit system study, so as to P2 P network in the crime of illegal absorb public deposits, loan financing the cognizance of joint crime of fraud and to provide the basis of a systematic and comprehensive and train of thought. The author in this article bring forward: the crime of illegal absorb public deposits "illegality" that should be based on the viewpoint of network platform, loan borrowers to capital and the country’s financial policy; Fund-raising fraud "for the purpose of illegal possession" of test when considering the offender to absorb funds of objective economic conditions, absorb capital USES, such as capital chain rupture operation difficulties when handling; "Use fraud method" that should be considered the offender’s social background, age differences, ethics and other factors, in the process of raising funds illegally behavior exist false propaganda composition does not necessarily identified it as a "use fraud method"; The joint crime cognizance of P2 P network credit should be strict distinction between the boundaries of the unit crime and natural person crime, from the interests of the belonging of crime and the crime income Angle of belonging.