Research On The Criminal Law Regulation Of The Internet Finance

In this paper,the author makes a deep research on the Internet financial crimes by focus on illegal absorbing public deposits,the purpose of illegal possession and fraud,to analyze those problems existed in the legislation and interpretation of the criminal law,Hope that the criminal law can be understood more accurately.This paper totally includes five chapters.In the first chapter,the author introduces the background and the significance of this paper,and the legislation existed nowadays,minutely described the rise of the Internet finance and it's resulting financial crime and then the challenge it brings to our country's criminal law regulation;Then the author discusses about the necessity of our research on Internet financial crimes;Presenting the specific legislation on Internet financial and P2P;Sorting and summarizing the related research of other scholars.The second chapter analyses the present situation of the legislation of the Internet financial crime.First of all,explained what Internet Finance and the Internet Financial Crime is.Then,introduced several basic forms of the Internet financial crime from the angles of macroscopic and microscopic respectively,found out those problems what has appeared in the judicial practice when applying the crime of illegal deposits from the public and the crime of fraud in financing article.In the third chapter,the author discusses the specific issues arising from the crime of illegal absorb public deposits,including what is public deposits,what is "collects the funds",the nature of the actions that P2P company financing for themselves,the relationship between "promising to pay the principal and interest" and "provide warrant".The author thinks that,it violated the principles of the laws if we superseded "public deposits" by "public funds" just for crack down illegal fund-raising,and it also do not conform to the common sense of ordinary people and our finance value,which will easily lead violation to the Principle of Matching Punishment with Crime,so it is necessary to restore the original meaning of it;Because the crime of illegal absorb public deposits requires second illegality clearly,and the concept of "collects the money" in the financial regulations and the concept of "absorbing funds" in criminal law cannot correspond directly,so the concept of "absorbing funds" shall be interpreted as "collects the money and form a pool of funds ";those behaviors of platform to financing by themselves was widely misunderstanding in judicial practice,such behaviors should not be sentenced as sin;Guarantee should not be regarded as a form of commitment to pay the principal and interest,because the market demands such guarantee and it is a trend of P2P's standardization development,the criminal law should make some room for it.The fourth chapter discusses the cognizance of "the purpose of illegal possession".The author thinks that,when we are cognizing the purpose of illegal possession,our set of the presumptive basic facts are unreasonable,our applying of the presumptive basic facts are too much generalizing,and we often go against the principle that we couldn't abuse the consequential responsibility.The author suggest that we should adjust our comprehension of "knowing that someone have no ability to return",and conduct the purpose of illegal possession only when the money can't be returned because it has been used for criminal activities.Focusing on illegal facts as a whole,avoiding the judicial error of only results concerning.The fifth chapter discusses the cognizance of fraud.The author divides the level of fraud based on the difference between lots kind of motivation,content,degree and object among the fraud,come to believe that the method of fraud in the Crime Of Fraud should be different from the ordinary civil fraud or false propaganda behavior of commercial behavior,only the severe part of all those fraud behaviors mentioned above should be deemed as fraud crime;And highlights in the use of fraud method of causality,points out that the influences of factors like cognition of the victims,the victim's fault and the investment motivation of victims should be considering when we cognizing the way of fraud.