The Study On The Illegal Fund-raising Issues Of P2P Lending Network

P2P lending network as a new network of financial model of development can be described by leaps and bounds in recent years,doubling the number of agencies.But after seeing P2 P net loan prosperity and development,also a large number of illegal circumstances are not ignored in this industry outbreak.If there are operational difficulties,financial fraud,and escaped.Compared with the traditional illegal fund-raising case,P2 P network lending as a new model of its Internet banking more people involved,the amount involved is greater.Although the provisions of the existing criminal law there is no specific P2 P network lending,once the outbreak of the case,because of its serious social harm vulnerable to serious damage to the financial markets,will eventually be characterized as such cases of illegal fund-raising,illegal absorbing public deposits or fund-raising fraud punished.We can get there is a serious risk of criminal operations in P2 P network platform process,there may be subject to criminal law penalties.Therefore,it is particularly necessary to study the application of the new model of P2 P net loan under the circumstances of the illegal fund-raising and how to balance the financial criminal law on the financial market.This paper is divided into four parts to the problem of illegal fund-raising lending P2 P networks involved in the study.The first part is the introduction,which expounds the criminal risk of P2 P lending network,the present situation of academic research and the data used in this paper.The second part explains the basic theory of P2 P lending network,including the definition of the characteristics of P2 P network lending to define the nature and mode of operation of P2 P lending network analysis,and finally describes the current development of P2 P network lending.The third part is the analysis of the legal basis of criminal law involved in P2 P network loan.By running the risk of P2 P networks loans exist in the analysis,it pointed out that at present our P2 P net loan industry is currently faced with low barriers to entry,which is not explicitly legal nature and credit system is imperfect and so on.The fourth part analyzes the P2 P network lending operations in the illegal fund-raising issues involved,mainly P2 P net loan may reach to the crime of illegal deposits from the public,raising fraud and unauthorized issue stock,company,corporate bonds and other related charges for analysis.From charges could hit legislative theory,combined with the network P2 P lending concrete form of alienation in the operation process,carried out crime or judicial this crime and other crimes recognized.The fifth part on how our P2 P network lending better conduct criminal regulation were explored and recommendations from the transition to the P2 P net loan criminal regulation concepts,improving on illegal fund-raising of judicial interpretation,execution convergence to effectively combat alienation P2 P networks three specific aspects of borrowing will be described,to clarify this new P2 P network lending model is not suitable to use online financial penalties too high pressure situation,to achieve a balance of administrative law enforcement and criminal justice.In improving legislation for illegally lending in some of the details,such as "the amount recognized","splurge degree " and should improve laws and regulations,thus contributing to the normal development of P2 P network lending,to maintain the stability of the financial order.