Research Into Criminal Regulation Problem Of Crime Acts Of Tripartite Subject In Internet Financial

The rapid development of market economy and the popularity of the Internet have accelerated the innovation of financial mode.New form of economic development--Internet financial,play a positive role and is also accompanied by all kinds of problems.Under the Internet financial mode,this article discusses the tripartite subject is investor,the third party intermediary and actual issuer,and through study the tripartite subject involved in the crime as typed research,to found the shortage of the existing criminal law,to propose specific measures of the improvement,make it in curbing financial crimes,and promote the stable,healthy development of the financial markets on the Internet.The research builds the full text with the ideas of this article is through the horizontal comparison of crime acts of tripartite subject,longitudinal explore new pattern under the new situation of Internet financial crime,with the frame structure of founding the issue,settling the problem.The article is divided into five parts:The first part introduces the Internet financial summary of tripartite subject.This article bases on the emerging Internet financial form:P2P network credits,third-party payment,crowd funding,virtual currency and so on.The characteristics:intelligence,concealment,cross-regional of Internet financial will surely make criminal consequences more seriously.This article divides the Internet finance into three subjects:Individual(unit)investor,the third party intermediary,actual issuer.The second part discusses the performance of the tripartite subject involved in the crimes,thus more intuitive explain the three subject's behavior in the process of the crime.This section investigate the each main subject involved in the crimes of the current situation,concluded in five kinds of mode,it may be suspected of money laundering crime,illegal fund-raising,to set up financial institutions such as crime ect.,and through three typical case respectively--money laundering of the use of online gaming platform,Yu'ebao,Meiwei media,carries on the analysis and the careful explanation to various main bodies crime.The third part discusses the defects of the existing criminal law regulation about the Internet financial subjects.First of all,from the perspective of existing criminal law,it has a lag.Internet finance crime's special means,forms of behavior,characteristics of the crime against the new benefits of the law,while the existing criminal law object inclusive.Meanwhile,under the new model,a number of specific offences could not be adapted to the new requirements.Next,from the crime of relending at high interest rate consists and crime of money laundering,we find the problem that existing criminal law to the crime of investors is not uniform.Again,it has the defects that the constitutive requirements with intermediary is imperfect,mainly displays in:the nature of helping behavior found missing in accomplice,subjective cognizance of fuzzy and so on.Last,from the aspect that kind of illegal fund-raising crimes content is inappropriate,criminal object of actual issuer recognizes not defined,blank crime made the criminal law and administrative law engagement detuning,expound the problem that criminal charges regulation is unscientific.The fourth part mainly discusses the perfection of criminal law of the Internet financial crime subject.Firstly,the principle embarks from criminal law modest and restrained,full display civil law's containment function in front of crime stage,take the severe social harmfulness to the minimum standards for criminal law to step in.Secondly,starting from the tripartite subject,establish differentiated into sin conditions,including clear some aspects about the investor,the third party intermediary regulation of the criminal law standard into sin;strictly grasp the types of the financing subject crime.Thirdly,under the new environment,proposed new request suits the appropriate occasion.Including acknowledge Internet finance innovation profit,establish unified discretion of punishment standard,and expands the traditional charge comprehensively and so on.The fourth,under the policy of "tempering justice with mercy" situation,establish a diversified punishment measures.The fifth part is the summary of the article.Based on the research of the Internet financial crime,discover the insufficiency of regulations and rules of the criminal law to the tripartite subject,and look for reasonable measures to optimize.Then summarize the existence of deficiencies in this paper,including some of the methods,professional knowledge,system,etc.