The Legal Analysis Of Huizhou Loan Related Crimes

Since 2007,China's first P2 P network lending platform--"Pat Loan" have created,the P2 P lending industry gets rapid development because of its many characteristics such as convenient,simple,quick and so on.Both lenders and borrowers can stay at home to reach the loan agreement by using the Internet.People can enjoy not only the entertainment brought by the network but also the convenience.On the one hand,P2 P network lending can provide new financing channels for small and medium-sized enterprises,alleviat ing the financial pressure of small and medium-sized enterprises,families even individuals.On the other hand,it can also pr ovide new way of investment for wealthy people.However,the network lending industry in China is still in the early stage of development,and there are many problems both in terms of regulation or legal norms,which has become a tool for people with ulterior motives.The paper analysises the "Huizhou Loan" network lending platform for the alleged crime by the legal,which is divided into three parts:The first part of the "Huizhou Loan" of the case w as briefly introduced,through the introduction of the case leads to the focus of controversy,which is Mr Liu's behavior in this case is private lending or crime,unit crime or a private crime,a crime or several crimes.The second part mainly introduces the main mode of operation and the legal relat ionship involved of P2 P network lending,makes a specific analysis combined with the case and paves the way for the later discussion.The third part mainly analyzes the behavior of Mr Liu,and finds that part of the behavior belongs to the private loan,and the other part constitutes the crime,then makes a more in-depth analys is of the specific constitution and whether it is implicated.Finally,t he paper argues that Mr Liu alleged constitute the crime of Illegal Pooling of Public Savings Deposits and the crime of Fund-raising Fraud,crime of two combined punishment for several crimes.