Research On The Judicial Application Of The Crime Of Illegally Absorbing Public Deposits In The Peer-to-peer Lending

Peer to Peer Lending industry,which is based on Internet technology.P2 P platform is the core of P2 P,realize the exchange of information between unfamiliar borrowers,ease the financing problem in many small and medium enterprises and individuals,and provide a new way for investors.In the P2 P Lending industry,the rapid development of the problem at the same time gradually exposed,business model is complex,the problem platform emerge in an endless stream,which there is a legal platform for illegal fund raising a few.In order to reverse this situation,in 2016,China's various functional departments introduced lots of policies focused on this industry,special rectification and compliance reform has become the focus of network loan industry concerns.But we can not deny that the current domestic management has a lower legal position,the involvement of criminal law will be inevitable.Although the existing criminal law on the illegal fund-raising crime may not be able to adapt to the actual situation of P2 PLending industry,but illegal absorption of public deposits is still high frequency of the application,which makes the charges more controversial.This paper will combine the P2 P Lending industry development status,research the illegal absorption of public deposits.Article has 2 million words approximately,divided to four parts:The first part is the analysis of the current situation of P2 P Lending industry in China.In this part,the author introduces the current situation of P2 P industry,emphasizes the existing platform management mode,points out its risk,and then leads to the supervision policy adopted on this issue,straighten out the problems in the supervision.The second part analyzes the application of the crime of illegally absorbing public deposits in the field of P2 P lending.Because the crime of illegally absorbing public deposits is widely used in the regulation of P2 P areas of illegal fund-raising offense,so this part analyzes the applicable feasibility of the crime of illegally absorbing public deposits in the field of P2 P net loan,which is from four major aspects of illegal fund-raising offense,i.e.unlawfulness,publicness,inducements and sociality.What's more this part leads to some issues in judicial practice which are encountered when the crime of illegally absorbing public deposits regulate on the illegal platform,such as cross-cutting issues,public opinion,justice and so on.The third part mainly analyzes the specific situation of the crime of illegally absorbing public deposits in the judicial practice,which is based on the recognition of the use of fund raising,the determination of unit crime and the determination of natural offender and the scope of the main body of joint crime,put forward my opinion.The fourth part puts forward to some specific recommendations according to the risk of foreshadowing and the situation of supervision,such as further clarify the main body and its functions,increase the crackdown,improve the scope of application of criminal law,pay attention to stolen goods,improve the prohibition,occupational prohibition system of judicial applicability.