The Criminal Law Regulation Of The Fund Raising Behavior In The P2P Network Loan

With the rapid development of P2P network lending model of Internet banking in the realization of the social idle funds together,provide convenient financing channels for small and micro enterprises and entrepreneurs,investors at the same time to meet the needs of diversified investment.The State encourages the development of Internet banking is conducive to promoting the transformation of the market economy,but the rapid development at the same time,the lack of effective legal regulation and supervision,P2P network lending fund-raising behavior can easily constitute illegal deposits from the public,illegal business,financial fraud and other crimes.For the P2P network lending fund-raising behavior hand to encourage the development of enterprises to solve the financing problem of justice,on the other hand,by means of criminal law to regulate the illegal fund-raising platform,so how to solve the new economic mode of the theory and practice of this argument is difficult to have a clear conclusion,it is necessary to carry out comprehensive review and determination.In view of this,this paper launched the P2P network lending behavior of raising funds in criminal law regulation.The full text is divided into four parts:The first part is the definition,origin and development of P2P net loan.This paper explores the difference between the traditional P2P network lending model and the innovative network lending model,as well as the evolution process of the development of China and foreign countries,and puts forward a solution to the problem of raising funds for the P2P network lending platform in the new era.The new period P2P lending model should be defined as engaged in lending network information intermediary service activities of the third party platform,with the help of Internet technology to provide financial services for the loan lenders and borrowers financial model.The second part is about the necessity and possibility of the criminal intervention of P2P network lending and financing behavior.P2P network lending illegal fund-raising behavior violations of law degree of deep,wide spread,a sound legal norms system can provide a legal basis for regulation of illegal fund-raising behavior in P2P network lending.The development of Internet technology,especially the progress of technical investigation means,to provide technical support for the investigation organs to solve the crime of illegal fund-raising through the Internet lending platform across time and space.The third part is the criminal regulation of P2P net loan financing crime.Break through the role of information intermediary network lending platform,can violate criminal law related charges.This part explores the illegal deposits from the public,illegal business,fraud and other charges for the premise of crime,the crime should pay attention to raising the crime and legal lending behavior,and the similarities and differences between the crime and other crimes.At the same time for the identification of illegal fund-raising network lending behavior constitutes a crime,what constitutes a crime should be considered criminal law,improve the crime threshold.The fourth part is that the state should improve and perfect the supervision system of P2P network lending behavior.By improving the legal regulation,industry self-regulation management system to guide the healthy development of Internet banking.According to the development of market economy,the criminal law should be modified in a timely manner,and the P2P net loan should be promoted by judicial interpretation.