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The Criminal Legal Risks And Improvement Suggestions Of P2P Online Lending

Posted on:2019-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:X K ChenFull Text:PDF
GTID:2346330542977797Subject:Law
Abstract/Summary:PDF Full Text Request
P2P lending refers to borrowing through a certain network between different individual platform to complete the borrowing,platform accounts for borrowers and lenders information intermediary services related to pattern of lending.In May 2017,the national youth from "area" all the way along the names of China's "new four great inventions",the borrowing with P2P network also depend on the medium of the Internet technology and financial reform and innovation of alipay was one of its top,want to be young 20 nations back to the motherland's way of life.This article attempts from the domestic first P2P lending platform operator was sentenced case-Oriental surrendered raises the question,expounds the P2P lending in the criminal risk to the process of rapid development,so as to put forward the author thinks that the reasonable regulations of path-follow the austerity of criminal law.This paper is divided into three parts:The first part of this paper analyzes that the rapid development of P2P online lending can easily lead to the bottom line of P2P lending platforms,lenders and borrowers.First of all,through legal review of the concept of P2P online lending and its business model,the legal attribute of P2P online lending is clarified.At the same time,through to the current criminal law provisions relating to P2P network borrowing law analysis,made clear the P2P network platform,lenders and borrowers loan may involve on charges of criminal law and the relevant criminal risk.In the second part of this paper,the author expounds the opportunities and challenges brought by the rapid rise of P2P online lending to China's financial system and the regulation of criminal law.First of all,the rapid development of Internet information technology and the deepening reform of domestic financial,to promote the rapid rise of P2P lending,also make P2P lending financing credit system in our country the beneficial supplement of;Secondly,there are many unreasonable places in the current criminal law regulation of P2P online lending,which brings great challenges to the improvement of criminal law.In the third part of this paper,the author concludes that,when the P2P networklending behavior is suspected of illegal crime,it should follow the modesty of the criminal law when deciding on the crime of entering and entering the crime and applying the penalty.Firstly,from the connotation of the modesty of the criminal law,the author explains why it should follow the modesty of criminal law in the crime of regulating P2P online lending.Then,this paper also relates the current criminal justice practice,discusses how to follow the modesty of criminal law in criminal justice,and puts forward some Suggestions for improvement.
Keywords/Search Tags:P2P online lending, Criminal risk, Modesty
PDF Full Text Request
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