Research On Internet Financial Crime

Finance is the financing of the monetary fund, its essence is the capital of business activities. For a long time, people have to raise capital through financial instruments, organize production, carry out investment activities. Since twenty-first Century, with the popularity of the Internet, especially the popularity of mobile Internet, information technology breakthrough in this field, our country completely synchronized with the international community, has become the focus of innovation Internet plus. Through the Internet technology to transform the traditional finance, and promote the service level, to promote the integration of the two depth, stimulate financial innovation, integration of resources, information and intelligence in the aspects of the transformation of the financial industry, derived from the concept of Internet banking. Although the Internet banking has the advantage, but inevitably bring many disadvantages in Internet financial innovation at the same time, also makes the Internet financial crime has a financial crime more prominent characteristics:a new type of crime, showing cross industry and cross regional characteristics, method of intelligent crime, crime concealment, professional strong, hard to find, difficult to handle the case.As a cross disciplinary crime, Internet financial crime has violated many objects, including the destruction of economic management order, the violation of property ownership. Because of the financial crime with finance or economics professional knowledge, the Internet financial crime is a new crime produced with the new technology, so the present research on this kind of crime is relatively small. However, the above characteristics of such crimes, making the relevant cases of identification, forensics, review are quite difficult, difficult to grasp in practice, resulting in the Internet financial crime in a timely manner. Therefore, on the occasion of the new period in China vigorously promote the reform and innovation, law researchers and judicial personnel should be timely on the Internet financial crime analysis system, to explore the rules for this kind of crime, prevention and punishment policy, taking into account the regulation without hurting the overall financial reform innovation. Internet banking is the Internet information technology and financial services cross integration, through the establishment of a financial platform on the Internet, engaged in financial intermediation, payment, investment and other financial activities of the business model. Internet companies to carry out financial services and the transformation of the Internet by the traditional financial institutions are the main Internet banking. The form and the basic meaning of induction of Internet financial crime, patterns of crime pattern, nature and behavior of Internet finance, will face to deal with the various forms of the judicial practice of this crime problem, response to the introduction of such crimes issues will lay the theoretical foundation. The characteristics of the Internet financial crime highlights, and the main problems appeared in judicial practice induction, also contribute to the judicial personnel identification using Internet information technology and the financial industry from the fusion of financial tools and products, to prevent others from using the products of financial tools, the implementation of crime. Since last year, the Internet financial crime spreading rapidly in China, has been highly concerned by the regulatory authorities, the social harms, and demonstrates the necessity and urgency of the current development of Internet financial crime subject research and practical exploration.Jurisprudence and judicial practice must be based on connotation accurately summed up the Internet financial and Internet financial crime on the essence of understanding, through the analysis on the elements of illegal fund-raising, illegal deposits from the public and other types of crime on the use of the Internet platform, summed up the characteristics of the Internet financial crime in common, and according to these characteristics put forward relevant the suggestions for improvement; simultaneously through multiple dimensions of social governance, criminal law governance, governance system research, and expect a comprehensive management through a lot of power, making the Internet financial crime to regulation.To deal with the Internet financial crime, one is to improve the legislation, the introduction of standardized P2P platform as the representative of the Internet financial administrative regulations as soon as possible, the governance of the Internet financial irregularities; the amendment of criminal laws and regulations, the establishment of a separate Internet financial crime crime; the introduction of judicial interpretation, the discipline characteristics focus on the Internet financial crime the unity of such crimes, the crime of crime and crime of clear standards; two is to adhere to the principles of criminal law, for the Internet financial innovation open attitude, adhere to the "two law" theory. And right use of criminal means to combat illegal crime in the name of financial innovation of the real behavior. Finally, in line with the crime prevention spirit, this paper proposes the use of social management means, through the citizen moral construction, the construction of social honesty and Internet financial enterprises autonomous way, to prevent such crimes, the realization of the Internet financial innovation and prosperity.