Research On The Perfection Of Criminal Law Of P2P Net Loan Crime In China

In the context of the Internet financial,P2P network development follows loan in our country,but in recent years,P2P network crime has become increasingly serious,loan and due to the P2P network is borrowed crime was widely stakeholders,harm,social harmfulness is strong,has become an important factor endangering China's financial security.Face many P2P network crime,the judicial intervention has become very urgent,but the judicial intervention is measured,not only to confront new thing altogether,and to give a P2P network more judicial space,which,of course,for malicious behavior to give to crack down on crime.Due to the P2P network belongs to is new economic model,which borrow P2P network crime involving major crime in criminal law field and difficult point problem,it is necessary to further study further.That accurate ruled that P2P network crime.This article mainly through choosing the P2P network of social crime hot problems were analyzed,and the loan such as Oriental and surrendered,lending the treasure case.In discussing the problems before the crime or the criminal law,we should clear up P2P network development loan,especially to the P2P network problems existing in the development of loan,because the P2P network credit problems existing in the development of many is the behavior of violation of criminal law.Such as P2P network credit capital chain rupture leading to run,it may violate the crime of illegal absorb public deposits and fund-raising fraud,this is also this article will discuss the two charges,of course,the P2P network crime decided to loan,analyzing the specific issues that may violate the crime of illegal deposits from the basic characteristics of the study,because according to the existing law and relevant judicial interpretations,four basic characteristics of crime of illegal absorb public deposits is concluded that the focus of the crime of illegal deposits,is also easy to happen in ambiguity in judicial practice,this is the research emphasis in this paper,the affidavit.For fund-raising fraud is mainly from the subjective important document for the purpose of illegal possession to research,including the use of borrowed money,return,and analyzes on the reasons.For fund-raising fraud is mainly from the subjective important document for the purpose of illegal possession to research,including the use of borrowed money,return,and analyzes on the reasons,And the crime of illegal absorb public deposits and fund-raising fraud to distinguish.In addition,in this paper,and the two crimes on the legislation and judicial cognizance on the existing problems in this.Such as in recent years for the crime of illegal deposits which waste,there is a bitter controversy over,in the face of these problems,of course,a lot of people keep the s-type,which would hold this crime to restrict,but in its application is also very agree with the author.Raising funds for the cognizance of the crime of fraud of the problem,the author also focus on the subjective important document that this difficult point.By discussing these problems,and also hope to be able to be more careful and precise judicial cognizance,to be precise P2P network crime.At the same time,in the midst of applicable criminal law to adhere to the principle of tolerance,for many minor illegal crime activity give a lighter punishment or penalties,do to crack down on the crime of P2P network credit behavior is consistent with the protection of P2P network development loan.Finally,the author through to the P2P network crime empirical analysis,the research of criminal law in the P2P network crime of loan scale,analysis of P2P network crime,which found in the criminal law applicable or possible flaws in legislation,puts forward some advice on the legislative and judicial.Because only perfect criminal legislation and judicial application,make it and wanted to adapt to modern economic development,correct now existing in the development of P2P network credit mess problem,to escort in Internet financial P2P network,to provide Internet financial innovation to create loose legal environment and legal environment,concrete by the method of developing the service for the society.The author is based on the P2P network to borrow on crime and judicial application,deep research P2P network to borrow the crime involved mainly in judicial application and the deficiency of legislation on hope for later scholars to do further research to provide a little help.