Research On Criminal Regulation Of Individual Network Lending Platform

The popularization of the Internet,the progress of technology and the digitization of currency have injected new vigor into economic development.Our country's first individual network lending Platform clap loan was established in 2007.With the rise of the concept of "Internet +" and the encouragement of national support in recent years,China's network lending industry develops rapidly.But no regulatory,no access threshold,no industry norms make this new financial model a huge risk.This article is mainly divided into four parts:The first part of the introduction of individual network lending.Firstly,it analyzes the concept of individual network lending,and points out that the individual network lending has three values.Flexible and efficient,promote the perfection of our credit system,the effective use of social idle funds.Secondly,this paper expounds the business model and supervision mode of the current foreign individual network lending platform.Foreign individual network lending platform business model is becoming mature,but the management mode of each country is different.Some use securities legal system to adjust,and some use the banking legal system to govern.Then,the paper introduces the development status quo of individual network lending industry,although the country has taken some measures,but the individual network lending platform in China still has enormous criminal risk.Finally,this paper briefly introduces four kinds of main business models of individual network lending platform in China,which are information intermediary,self-melting,collateral type and creditor's right transfer.In the second part,we summarizes the controversy about the behavior of the current individual network lending platform,and carries on the brief analysis.Summed up the existing problems in the judicial practice of individual network lending platform.The involvement of criminal law is more result-oriented and the crackdown on criminal law is too wide.The third part,clarify the basic standpoint of current governance individual network lending Platform.Individual network lending is the product of "Internet +Finance",and it cannot deny its value because of the existing problems in the emerging financial form.The criminal law should not intervene in the behavior of individual network lending platform in favor of real economy and social economic development.Use administrative supervision means to regulate if it need.Criminal illegality and social harmfulness are the standard of judging whether the behavior of individual network lending platform constitutes a crime.In the fourth part,the author puts forward his viewpoints on the nature of self-melt behavior,guaranty behavior and transfer of creditor's rights in the individual network lending platform based on the foregoing viewpoint and the relevant provisions of China,and present perfect suggestions:The application of the restriction of illegal fund-raising,however,the offence of the platform using its superiority should be severely punished in sentencing.Cautious involvement in the transfer of creditor's rights.Perfecting the supervision system of individual network lending platform.Strengthening cooperation between the various sectors.