Research On The Internet Financial Crime And Criminal Law Regulation

Under the background of being "attracted" and "kidnapped" by traditional financial products and services,the Internet financial industry has arose quietly and developed rapidly,which,no doubt,supplies us more choices such as finances,transactions,investment and brings us more benefits.In a few short years,our knowledge and understanding of it has experienced the process from the strange to the familiar,from the indulgence to the regulation,from the gradual research to the increasingly standardized process.However,the unique model of development and innovation of Internet finance has also brought us a number of illegal and criminal risks,and even some criminals commit a crime directly by use of it,causing crimes such as suspected of illegal deposits from the public,fraud,information security and other criminal cases in short terms,leading to the development of the whole industry in a state of confusion,so that the government has met challenges in front of the policy regulation and legal regulation.Facing such a complex situation,we should more carefully research the exposing problems and crack down resolutely on serious internet financial crimes by the timely and proper use of criminal law means under the premise of maintaining the healthy and stable development of the industry,At the same time,the forward-looking,targeted,in line with the actual prevention measures of financial crime should be discussed and legislated.In addition to the preface and conclusion,this paper is divided into five parts as follows:The first part mainly conducts a more comprehensive explanations and elaborations on the internet finance based on the concept and basic mode of Internet finance.It should be made clear what the "Internet finance",the background of if,and the relationship and difference compared with traditional finance is.Based on this,the basic mode of operation is clarified,such as financing loan type,investment type,the third party payment type,financial data type,etc.,then how to produce and develop different operation modes,as well as the advantages and disadvantages,is discussed.The second part mainly begins with the listing of the three typical criminal cases of the Internet finance in recent years,With a brief analysis of such as "Kunming Fanya case",it leads to risks of Internet financial development and innovation,as well as the problems,including the accumulation and release of risk during the rapid development\the real conflict of legal regulation\as well as the criminal law lag etc..Through the proposal of these problems,it further leads to the analysis of the risks of Internet financial crimes and the regulation of criminal law.The third part mainly starts from typical crimes that the development of Internet Financial is involved.Following the problems mentioned above,I,combining with specific cases and relevant laws and regulations,have carried on the detailed discussion and the analysis to crimes such as fund-raising fraud,the crime of illegal deposits from the public,money laundering crime,the crime of disclosure of civil information,etc..So as to more specifically identify the types and risks of the Internet financial crime,as well as the possibility and characteristics of suspected criminal offense of the different modes when releasing risk.The fourth part is mainly based on discussing how to intervene internet financial crime by criminal law..The intervention includes the boundary of the necessity and the limitation of criminal law.Also this part makes a systematic and comprehensive analysis of question on criminal intervention combining with the typical cases and typical crimes,so as to find the right fit between the criminal law involved and the healthy development of internet finance.Meanwhile,based on resolutely fighting against serious internet financial crime,we try to avoid excessive criminal intervention involved in Internet finance risk.The fifth part is to explore how to prevent the illegal risks of Internet financial.Combined with the analysis and discussion above,the author mainly discusses it from the guidance of the policy and the ruling of criminal law.Policy guidance includes the national level,industry level and participant level,which should play a major role in risk prevention.In addition,I have proposed boldly how to guard against the risk of crime from the level of the legislation of the criminal law,the provision of crime standards and the judicial efficiency and,in order that guidance and modesty of criminal law will play a greater role.