The Regulation Of Criminal Law About Illegal Financing By Internet Finance

Internet finance is a new finance business model created by the technique of internet and information technology.It is used to the investment,payment,financing and information services.The criminal law construct the punishment for violation of financial regulations with loss of online fund-raising violated the financial regulations and disturbed financial management.Nowadays,the internet finance activities has become the illegal fund-raising which was defined by the financed-administrative regulations.So that the internet finance’s development was restricted by the regulation of Criminal Law.The standard of regulation was relied on the administrative rules about finance.A proportion of online fund-raising activities will be judged as guilty under the illegal funding regulation.On the one hand,the government encouraged the development of the finance innovation.On the other hand,the internet finance is banned by the criminal law,which illegal funding presents criminal law with a dilemma.Then,“promoting the healthy development of the internet financial guidance”,“network borrowing information intermediary business management interim measures ” and“ securities law(revised draft)” and so on internet financial related laws.The government has new measures about the observation of the internet finance.If government insist working on criminal law the improper intervention will hinder the improvement of the internet finance.In order to change the situation which financial innovation and criminal law does not adapt,making the coordination between the observation of the internet finance and development of the finance.To construct the suitable regulation of criminal,The author will analyze the question and put some advises.By analyzing the three modes of financing behavior in Internet finance,this paper concludes the "mystery" with the specific characteristics of the main features of illegal fund raising in Internet finance.Internet finance involves a large number of people and the spread of a wide range of regional financing,complex ways to raise a huge amount,therefore,the Internet financial financing once the impact of a huge impact.There are three types of financing methods under the balance of money and the balance of investment income.It is very easy to reach the red line of illegal fund-raising,by analyzing the mode of operation of the financing mode and The relevant industry regulation rules analyze the risks that exist,and the behavioral shift is likely to violate the crime of fund raising fraud and the illegal absorption of public deposits.This paper analyzes the current situation of the illegal fund-raising behavior in Internet finance and the main problems in the process of regulation.Criminal law for the Internet financial illegal fund-raising behavior and no pre-regulation,in most cases due to the provisions of the criminal law,some financial activities can only be regulated by administrative regulations,and criminal law can only be in the case of illegal fund-raising crime for the existence of elements to make judgments,so some of the financial behavior of the law of the edge of the ball and luck to be punished.Under the continuous development of the economy,there is a disagreement between financial innovation and criminal law regulation in the process of regulation.Through the elaboration of the current situation of criminal law regulation,it is clear that the illegal fund-raising regulation is to maintain the management order of the financial business.The standard of the regulation of the regulation is also based on the administrative laws and regulations,and according to the theoretical basis of the criminal law,,But also clarified the criminal law of its regulation process should be adapted to the needs of financial development in the regulation and liberalization of financial innovation in the process of balance.In addition,the financial regulation of criminal law to regulate the illegal fund-raising behavior to make changes.The regulation of criminal law should be in line with the financial development and Internet regulation rules to adapt.In the Internet regulatory system is not yet complete,the criminal law on the existing illegal fund-raising behavior of the regulation should be improved,so that both can be against the Internet financial crime,and will not curb financial innovation.