Criminal Responses To Alienations Of Online Lending Platforms

Owing to the lack of administrative supervision,the online lending platforms have grown up barbarously in China.With the continuous innovation in business varieties,some online lending platforms are gradually deviating from the original form of loans intermediaries.Currently the alienations of online lending platforms are manifested in the following seven aspects:collecting funds to generate capital pool;self-financing;providing security for lenders;consigning funds and financing products;providing loans to those stock market financiers;transferring its own debt to investors;financing unscrupulous financiers.The alienations of online lending platforms not only disrupted the order of the financial management but also damaged the property rights of investors,wherein a portion of online lending platforms have been suspected of a crime.The application of criminal law should be based on the above types of online lending platforms alienations.The online lending platform of collecting funds resulting in capital pool does not necessarily constitute a crime of illegal fund-raising.The Online lending platform of self-financing is suspected of illegal fund-raising crime.The online lending platforms engaged in financing guarantying and selling insurance and raising funds,also providing loans to the stock market financiers are suspected of the crime of illegal business operation.The online lending platform transfer its own debt to investors is not guilty.The online lending platform financing for unscrupulous persons shall be regarded and punished as illegal fund-raising crime accomplices or the crime of helping information network crime.The victim's property restitution of online lending platforms crime is characteristic of the public,huge sum and complexity.Centralizing the victim's property restitution issues through the measures of expropriating or ordering to return reflect the principle of justice and efficiency.The recovery and order to return or compensate which are equivalent to the seizure,detainment,freezing and other property preservation measures are the pre-procedure of the victim's property restitution.The order to return or compensate is substitute or complement measures of recovery and shall be applied when the property can not be recovered.The judge should list the victims who suffer financial losses on the online lending platform in the criminal judgment.In principle,only the principal of the investment can be returned.If the victims have been paid the principal and interest,there's no need for judicial authority to recover the interest as long as the annual interest rate is not more than thirty-six percent.In order to punish the crimes of alienations of online lending platforms and maximize the protection of the legitimate rights and interests of investors,the highest judicial authorities shall be quicken to draw the criminal bottom line of online lending platform business range,clear the conviction and sentencing standards of crime of the alienations of online lending platforms.And the restitution should be defined as a lenient punishment plot.The administrative crimes of market access such as illegal fund-raising crime online lending platform involved in have a logical connection with basic financial administrative regulations.In response to the alienations of online lending platforms,first of all,regulatory authorities should improve the basic administrative regulations.Then,regulatory authorities should enforce online lending platforms to record registration and definite the business scope of online lending platforms information intermediary as well strengthen the information disclosure and information network security management obligations of the online lending platform party.Finally,in order to consistence with the administrative supervision laws and regulations,the criminal law needs to adjust the application in a timely manner.When reducing the application of the administrative crimes of market access,crime of illegal disclosure and non-disclosure of important information shall be acted reasonably and the crime of refusing to perform the obligation of information network security management shall be apply correctly.