The Application Of Criminal Law Of The P2P Network Lending

P2P network borrowing is a new form of traditional folk financing and Internet information technology,which is derived from the "financial repression" of traditional financial financing.It greatly extends the scope,object and Geography,for the development of the financial industry into the vitality.P2 P network lending,while bringing changes and challenges to traditional finance,poses a threat to financial order and social stability due to the lack of regulation and the excessive risk of excessive release of energy.In order to realize the sustained and stable development of P2 P network borrowing,the timely intervention of criminal law becomes the necessary means.The full text is divided into six parts,about thirty thousand words.The structure is as follows:Part ?:Overview of P2 P network lending.This paper expounds the concept and operation mode of P2 P network borrowing,and analyzes the reason why the new Internet finance rises and develops in our country.Long-term financial constraints in the micro-enterprises,individual financing needs for the P2 P network loan in China's rooting to provide the soil,this new format can be rapid development of course,ultimately,the support of Internet technology and national financial policy escort.In order to adapt to China's local environment,P2 P network loan has become more complex and diverse evolution,and gradually formed a pure line intermediary,online and offline combination,debt transfer and guarantee mode coexistence of the scene for China's financial industry into the fresh blood ThePart ?: the theoretical study on the application of P2 P network loan law.This paper mainly investigates the theory applicable to the criminal law of P2 P network borrowing,analyzes the reasons,value meaning,limited scope and criminal policy that should be followed in criminal law.China's P2 P network loan innovation model continues to intervene,the platform is not only played a matchmaking role,but also may directly contact the funds and the establishment of "pool",or without regulatory approval to carry out security activities,or even the platform The risk of the staff "run" event poses a great threat to the security and stability of the financial order.As the last barrier of society,it is necessary and urgent for criminal law to be involved in P2 P loan.At the same time,P2 P network loan is a new type of financial way in our country.Criminal law should maintain a modest attitude in its regulation and should adhere to the criminal policy of "wide and",and should not unreasonably extend the tentacles to each of the loan Corner and thus inhibit the vitality of financial innovation.Part ?: P2 P network loan law applicable to the norms of combing.By analyzing the characteristics of P2 P loan behavior,this kind of behavior may be suspected of the offense,for the criminal law to apply such behavior to find the basis of norms.China's P2 P network loan is still in the exploratory stage,coupled with the profitability of the market,making P2 P network loan industry hidden a great criminal risk,and there may be burst at any time.Through the analysis of the characteristics of P2 P loan behavior,we can find that certain behaviors are highly compatible with the crime of illegally absorbing public deposits,the crime of fund raising fraud and the crime of illegal operation.Part ?: This part is the judicial situation of P2 P network loan law.This paper uses the empirical method to analyze the situation of P2 P loan cases in judicial practice to understand the situation of criminal cases.A large number of P2 P network lending behavior into the scope of criminal law,most of the cases were characterized as illegal to absorb public deposits.In the conduct of conviction and sentencing,more concerned about the form of criminal behavior,concern about the real harm little.Part ?: A Probe into the Application of Criminal Law in P2 P Network Loan.On the basis of the previous part,analyzing various problems which is existed in judicial activities.The judiciary only based on the amount of fund-raising conviction and sentencing,regardless of the subjective state of the behavior and the use of funds,there is an objective guilty of the suspect.In addition,a large number of ordinary employees is sentenced the penalty and identifying the "capital pool" is not careful Compared with the common crime,P2 P network loan crime is more likely to break through the red line of criminal law,but the penalty imposed on the relevant actor does not reflect the particularity,and even the phenomenon of punishment is more important than ordinary crime.Part ?: the perfect path of the application of P2 P network loan law.Criminal law should not be too involved in P2 P network loan behavior,for the development of this new format to provide some space,so as not to curb the vitality of financial innovation.In order to realize the judicial justice,the conviction and sentencing activities of the judiciary should be carried out under the guidance of the principle of combining subjective and objective,and can reflect the particularity of P2 P loan as the national strategy.Specifically,in the process of determining the behavior of P2 P network lending,the amount of behavior and the various circumstances should be comprehensive judgment to determine the final charges and penalties,so that crime and punishment to adapt.In addition,in order to reflect the particularity of P2 P loan,it is necessary to achieve the relaxation of relevant behaviors within the framework of the existing criminal law and to maintain judicial restraint.