Study On Crime Of Illegal Fund-raising In The Internet Finance

Since the appearance of Internet as a new financial model, it highlights the numerous legal risks, especially in the P2P net loan and all the chips as a typical representative of the financial model. Further more, it is showing great risk of illegal fund-raising crime. The crime of illegal fund-raising in the Internet financial sector shows so many features, such as, use the cyberspace as the crime field; virtual property; without geographical restrictions and with more stakeholders; criminal means of high intelligence and high-tech.These characteristics of such crimes challenge regulate traditional crime of illegal fund-raising existing laws and regulations:In terms of the composition of a crime, when happening, the crime of illegal fund-raising in the Internet financial sector will undoubtedly violate the property rights of investors as well as financial order of Internet; unlimited scalability of Internet space determines that the standard of " no specific object" by traditional illegal fund-raising crime can not be applied to such crimes of Internet banking; the inherent fragility of Internet as well as the lack of the legal status increases the risk for the operates to become the subject of the illegal fund-raising; lack of supervision also creates difficulties for the presumption of " illegal possession purpose". In terms of the crime, the lack of the pre-law does not necessarily lead to the loss of the secondary illegality of the fund-raising behavior; as for a large number behavior of financing, the applicability of "the crime of illegal deposits from the public" should be excluded; the behavior of Network platform to help committing acts of qualitative restrictions must be strictly within the range the law expressly provided; clear the identified criteria of the electronic evidence and use the legitimacy of evidence to guarantee the authenticity of electronic evidence so as to improve the persuasiveness of electronic evidence; all the aspects discussed above are remained to be resolved in legal regulation system in Internet banking. All in all,to give the Internet banking legal status and establish the internet financial regulatory system is an effective way to reduce the risk of incriminating behavior. Specifically, establishing a sound Internet financial supervision and legal regulation system should follow the principles of the opening, sharing and democratic values of the cyberspace law, adhere to the coordination of financial freedom and financial security, and adhere to the exhaustion of remedies front. On these bases, we also still use the complete comprehensive financial legislation, innovative financial justice models as well as other integrated, comprehensive, and coordinated ways.