The Prevention And Control Of Criminal Legal Risks Of Internet Crowdfunding

After 21 st Century, the Internet technology has been developed and popularized rapidly, the most significant and the important has occurred in our economical society.It has revolutionized people’s life style as well as injected strong vigor and vitality to our society. After years of development, the Internet technology has permeated every aspects of our life, in the meanwhile, the Internet Company don’t only step in providing technical support and service, with the full using of the accumulated data,they expanded their field to finance, establishing the model of Internet finance and become a new field combining information technology and financial capital, thus the concept of Internet finance emerges as the times require.By definition, the Internet finance is the combining of Internetand finance, is a newly finance model through the Internet technology and mobile communication technology to achieve the finance raising 、 payment and information intermediary.Crowd-funding is one type of the Internet finance, their running model is the fund-raising from project sponsors to supports with the assist of the Internet crow-funding platform.As its most basic of crowd-funding, is the innovation of the business model of the combination of Internet technology and finance industry, rasing money for the general public via the comprehensive, promptness and effectiveness.While every coin has two sides, the crowd funding bring us convenient as well as the impact to the traditional financial industry, therefore offering crucial overtaking tofinancial management order.The crowdfunding can divide to four types, say,donation-based, rewards-based, lending-based and equity-based through the difference of rewards type, based on the idea of financial monopoly in the construction of China’s financial management, the lending-based and equity-based,which develop under the financial liberalism have huge criminal legal risk. If due to the improper operation or illegal behavior of the participant, they may touch the serious criminal legal risk, therefore, the author intends to use this article as detailed and comprehensive exposition of the Internet to raise t all endogenous criminal legal risks and exogenous criminal legal risks the three-party participants may touch. At the same time, the crowdfunding, as a financial innovation, which has advantage the traditional financial industry, can not match, analyzing the reasons of the risk existing in the innovation in criminal law. The essenceis the contradiction between the advanced innovation of crowdfunding and lagging of the related law. Based on this,our criminal law should be modified based on the principle of the crowdfunding. On the other side, as the participants of the crowfunding, they should regulate their own job behavior to guard against the occurrence of criminal legal risks.Theauthor intends to describe the risk of criminal law in details via three chapters and ten sections. Chapter one is the general of the crowdfunding. First, the name comes from English word “crowdfuding”, the rising and development has a process, crowdfunding of aboard developed earlier then domestic, it will be helpful to acquaint the epochal trace of the rising and development of crowdfunduing via the traditional crowdfunding website.Second, the crowdfunding has its specific running model, their running model is the fund-raising from project sponsors to supports with the assist of the Internet crow-funding platform, the crowdfunding can divide to four types, say, donation-based, rewards-based, lending-based and equity-based through the difference of rewards type; Last, different sorts have different legal attribute, the attribute of donating-based crowdfunding is the relationship of donative, for rewards-based, is the relationship of conditional donative contract, the basic legal attribute of lending-based is loan contract, the equity-based is a little complex, it refersto “Contact Law”, ”Corporate Law” and “Securities Law”,etc.Chapter two named the criminal law risk of crowdfunding. Thecrowdfunding hasthree participants, say, the project sponsors, platform operators and financial supporters, the analysis of its alleged criminal legal risk is also based on whether the implementation of all the specific acts of all partiesis complied with the provisions of the criminal law, so we subject to the three party as the classification criteria,respectively expound the criminal risk of the project sponsors, platform operators and financial supporters.First, the project sponsors may refer to the crime of issuing stocks or corporate or enterprise bonds without approval, illegally absorbing public deposits,fraud and fraud in financing; second, the platform operators may refer to the crime of establishing the banking institute without approval, illegal business operation,embezzlement, misappropriation of funds and the crime of infringing the personal information of citizens; last, as the supports, the behavior of injecting funds through the platform to related projects may refer to money laundering.Chapter three named the prevention and control measures of criminal law risk.The essential of the crowdfunding is the innovation of traditional financial industry,but this model gradually get rid of the supervision law of our country, therefore, it is possible to be forbiddenby the existing law.The reason why the crowdfunding has criminal law risk, especially the endogenous risk, is the crowdfunding based on the idea of Neoliberalism has formed a mightiness impact to the financial monopoly in the construction of China’s financial management. With the development of the era,Monopoly has been gradually replaced by the Neoliberalism, the crowdfunding, as to the Internet Finance has become an irreversible trend of the times, so, the key point is to protect the innovation of Internet Finance. Base on this, in criminal law, we should establish the principle of encouraging innovation, austerity and punishing by law.Meanwhile, in the application of specific charges, the criminal law should make appropriate adjustments, prudent application the crimes which easily offense,establish the “Buffer Strip” for the crowdfunding. As the participants of crowdfunding,they should regulate their behavior, strictly prevent against the occurrence of criminal legal risks.