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A Study Of The Application Of Criminal Law To P2P Online Lending

Posted on:2018-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:X ChengFull Text:PDF
GTID:2346330518953125Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
P2P online lending is one of the innovative business models integrating the internet and traditional finance.P2 P is shortened from “peer to peer lending”,namely “individual to individual”,which is also called as “peer to peer lending”.This business model is not originated from our market,most of the online lending platforms in our mainland roughly imitate the foreign business model and lack of industrial self-regulation and effective supervision of laws,as a result,there often exists with the phenomena of capital chain rupture and absconding with the money,therefore,it is a new topic jointly faced by theory of criminal law and practice in the aspects such as how to start the criminal law to restrict related crimes and how to correctly control the application time and intensity of criminal law.The paper researches on the case of Eastern Investment and focuses on the discussions: the essence of P2 P online lending;alienation model and features of online lending,main crimes in the online lending platform as well as limit of unit crime and individual crime,based on this,discusses the macro topic such as the required time and intensity of the criminal law regulating the activities of financial field on the internet.The author tries to draw forth the overall discussion on the criminal law applied in the financial activities,therefore,the research type of the paper is applied articles,which not only includes the specific solution to the judicial verdict of the case but also the overall discussion on the regulation and orientation of criminal law based on internet+era.The paper consists of five parts with 25857 characters in total.Part I,asking questions.Firstly,introduce the cause of action and main details of a case thus to put forward the theoretical thought on the case;secondly,put forward the operation mode of the case in the platform,the disputers on illegal fund-raising behaviors in the platform,the behavior nature affirmation for Li Zeming and the basis affirming the case as individual crime;finally,analyze the possible risks brought from the criminal law applied in the new field and the doubtful points brought from its application modes,wherein,the risks include restriction on the development of online lending industry and downside for guaranteeing the finance security;the doubtful points include accusation affirmation,quantity of crime,transformation of crime quantity and unit crime.Put forward the attention to application limit of criminal law,determine the application mode based on the details of the case.Part II,the nature and current supervision situation of P2 P online lending platform.Based on analyzing the nature of P2 P online lending platform,put forward the essence of P2 P online lending platform in our country is the intermediary organ in financial industry instead of independent financial institutions;In accordance with introducing the current supervision situation of P2 P online lending platform,it can be shown that the P2 P industry in our country lacks of industrial regulations,legal norms on civil affairs as well as administrative laws and regulations;the deficiency of pre-regulated laws makes the intensity of criminal law applied in the field unclear,therefore,the criminal law should be limited in intervening the field.Part III,analyzing the operation mode and risks involving in the crimes of online lending platform.Based on introducing the general operation mode of P2 P online lending platform,namely online mode and online mode and offline mode mixed,explain the respective advantages and disadvantages;Based on this,mainly analyze the alienation mode,introduce the capital pool mode,self-guarantee mode of the platform and Ponzi scheme respectively,analyze the illegality types of different alienation modes,discuss the criminal liabilities of the actor,provide the specific propositions to prevent from risks aiming at the alienation of online lending platform.Part IV,application of criminal law and risks from excessively restraining the financial innovation.Firstly,specify that the illegal fund-raising behavior is harmful,the application of criminal law is to maintain the interests of the two financing parties and the intermediary agent of the platform;secondly,it is suggested perfecting the pre-regulated laws such as the law and regulations of civil affairs as well as administrative laws and rules or strengthening the industrial supervision to eliminate the negative influence of excessive application of criminal laws;thirdly,based on the principle of restraining criminal law and Twice breaking law theory,discuss the “moderate”requirements of criminal law applied in the field.Part V,the judicial verdict,further discuss the specific modes of criminal law application.On the one hand,in accordance with the fact of the case as well as the related clauses of criminal law,point out that the accusation on Deng XX and XX of the crime of fraud in financing is wrong,and the court changes it to the establishment of illegally absorbing the public deposits;However,the court judges the operator Li Zeming of Eastern Investment Platform is the accessory offender without enough evidence.On the other hand,it is suggested mainly discriminating “illegal encroachment” as subjective essentials based on the mode of criminal law application,adhering to judicial principle of focusing on punishing the natural person to avoid some lawless persons to obtain personal interest in the name of unit crime.Meanwhile,pay attention to the transformation of crime intention and change of the crime quantity of the actors in the operation process of online lending platform.
Keywords/Search Tags:P2P online lending, application of criminal law, illegal fund-raising, for-profit purpose
PDF Full Text Request
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