Research On Network Financial Fraud Crime And Its Criminal Law Governance

The development from finance internet to internet finance is a product of the change of times and ideas.The factor of internet has not transformed financial function and financial essence of internet finance,which determines the result that financial field is still the motive and Target of administration and institution. The core controversies Of internet finance lie not only in the legitimacy problem and risk assessment of internet financing , but also in the dis-conjunction and backwardness between prepositive regulation and criminal law. The basic mode of internet financing determines the diversified legal relationship and legal risk. The charges which are closely associated with internet financing behavior include the crime of illegally absorbing the public deposit, the crime of fraud in financing, which depends on the operation mode and actual behavior of internet financing platform. We shall stick to the basic theory of"illegality of second time" and keep the administrative illegality and criminal illegality a coherent unit. Consequently,we shall perfect supervision system of laws and regulations as soon as possible instead of utilizing criminal Law cursorily.For the improvement of the network crime in the criminal law of our country should be legislative model, the main body, crime and sentencing improved in several aspects, such as, for the perfection of criminal law theory, including behavior, legislative technology updates, admission of new law benefit, etc.In crime prevention work, by controlling the crime condition to prevent crime, though not fundamentally eliminate the phenomenon of crime, but it can have the effect of blocking and prevent the crime, can yet be regarded as an important aspect of comprehensive governance of crime.