Criminal Law's Response To Crime Of P2P Lending Under Risk Society

In today's world "risk society" means a shift from traditional industrial society to a post-industrial society or a risk society.Risk society is not a political discussion choice which can be accepted or denied.Risk has been there,and we have to pay attention to it.We cannot deny that at present,there are a lot of risk in the development of society.In this regard,the criminal law should provide a systemic response.On the one hand,variability of risk enhance capital usage in p2p lending,activates the real economy,eases the financing problems of small and medium enterprises,increases people's disposable funds.On the other hand,risk also alienation p2p lending,making its potential crime "swelling".Comb specification laws and regulations of private lending and economic crimes,exploring tendency of risk regulations in the context of risk society,and there is a total of 11 charges can be regulated in lending crime.The financial risk more and more manifest in today's society and financial transactions using the Internet manifest "no control " feature.The existing legal system is serious messy,specially the regulation of criminal law to the p2p lending mainly settling in crimes of disrupting the order of financial administration of the fourth section the chapter ?,the Penal code.Penal Code of modesty embodied in a last resort and the principle of legality required "explicit" and exercise due restraint in regulating p2p lending.This does not mean that criminal can not work but "Do and Don't".Criminal law has two select paths: one is regulating by criminal 174 th article,and 176 th article,and 225 th article provides of charges regulation "normal" crime of p2p lending,mainly referred to "no qualification subject business engaged in network borrowing activities of crime behavior" and "beyond platform business permission(service range)of crime behavior".The other is regulating by criminal192 th article,and 222 th article,and 224 th article regulation "Metamorphosis" crime of p2p lending,mainly referring to "illegal fund-raising behavior".Criminal law through these two options can play effectiveness works in fighting against the crime of p2p lending,but this mode of regulation could not delicate,precise crack down on crime of p2p lending.Risk society's new demands on the criminal law is "moving forward ".In crime of p2p lending should pay attention to the subjective element,criminal theory should consider intention as not only elements of guilt but also illegal elements.Also we shall affirm the purpose of illegal possession by presumption,and explore the negligence crimes in p2p lending.Penalties should also be adapted: "occupational ban article" should be changed to "qualifications punishment",which attached to the 34 th article of the criminal law,as a supplementary punishment;and "deprivation of political rights","deportation" and "injunction" would be incorporated.Fine penalty should be uniformed in application,"directly responsible and other persons directly responsible" in unit crime should apply to the same penalties as a natural person and criminal penalty should provide a reasonable penalty in unit crime.