Research On Criminal Law Regulation Of P2P-Online-Loans

P2P-online-loans is a sort of emerging financial model developed with the rise of Internet finance.Benefited from the traditional P2P-online-loans mode abroad,varieties of new operating modes have been produced in the process of domestic development.In the course of the operation of a lot of alienation which touched the edge of the law,accumulated risks,promoted a high incidence of illegal crime.The defective of the domestic credit system and the lacking of business reputation is the main reason of the slow development of P2P-online-loans which relay on personal credit.The loan difficulties of small and medium-sized enterprises caused by long-term financial suppression,the capital shortage,and the awakening of the investment and financial concept of common people prompted P2P-online-loans venture out of the traditional patterns to adapt to the domestic financial market through innovating.P2P_online-loans is newly sprouted things in China today that many laws and regulations are incomplete.So the innovative models turned into the alienation model which touch the illegal deadline.The constantly " closing down "and " running away " events of P2P-online-loans platform since 2011 affected the stabilization of the P2P-online-loans and the order of financial market,making it essential to regulate P2P-online-loans.This paper studies the law of P2P-online-loans for criminal law based on the analysis of alienation model of P2P-online-loans which is the most vulnerable to illegal payment of public deposit.First of all,the increasing fund-raising crime leading by the alienation and frequency touched illegal deadline needs regulate urgently.And as a production of financial innovation,the P2P-online-loans play a positive role in economy development,so a second consideration is necessary in the process of combating crime.It is also necessary to take a full consideration of the criminal law's involvement level.Authorities should stick to the spirit of criminal law modesty,take careful intervention,so that the criminal law will adapt to the financial market reform.Adopted a substantive interpretation in the determination of crime,constituted a substantive interpretation to the crime,followed the lightening penaltywhen sentence to combat crime without hindering financial innovation and promote the development of financial markets.Down to the most vulnerable P2P network crime,the illegal absorption of public deposits should also be based on the basic concept of P2P-online-loans in the regulation of crime.The crime of illegal absorption of public deposits has always been controversial.Because of its positive significance to the maintenance of financial order,it is inappropriate to abolish at present.Further clarified of its criminal composition is needed,the use of limited explanations needs improvement and the non-penalization system should be add.Authorities may increase the property punishment and the application of qualification and so on to regulate the criminal law.