The Criminal Regulation Of Iilegal Fund Raising In Internet Finance

With the rapid development of the Internet,Internet finance has emerged as a new form of finance.While Internet finance has injected vitality into the market economy and greatly met the needs of small and medium-sized enterprises,fund-raising investors or institutions have used the Internet platform to engage in illegal fund-raising because of the large number of people involved and the large amount of funds raised has also affected the country stable finance.Order,with greater social harm.From the perspective of protecting the country's financial order and protecting the interests of investors,the state uses a criminal law system for illegal fund-raising in Internet finance.However,because the use of the Internet platform to engage in financial business itself has the characteristics of non-specificity,openness,and attractiveness facing the public,it is highly synonymous with the criminal law-based illegal fund-raising behavior,so according to the current legislative situation,the Internet Illegal fund-raising in financial business is very easy to commit criminal offenses.Moreover,from the current administrative normative documents issued by the state,the government supports the development of Internet finance,which is in contradiction with the excessive use of criminal law to regulate the illegal fund-raising in internet finance.In order to change the current embarrassing situation that advocates and encourages the innovative development of Internet finance and the current criminal regulatory system.To establish a reasonable regulatory approach,the author conducted a specific analysis and then put forward a specific plan.The first part of thearticle first defines the concept of Internet finance and illegal fund-raising behavior.Then analyze the characteristics of illegal fund-raising behavior in the current Internet finance;the second part clarifies the necessity of using criminal law to regulate the illegal fund-raising behavior of Internet finance,mainly from the social harm and the illegal fund-raising behavior in Internet finance is illegal and easily violates criminal law.Two angles analysis.The third part analyzes the status quo of current legislation on illegal financing of Internet finance,and finds problems in the legislation:over-reliance on the concept of criminal laws and regulations,illegal Internet fund-raising behavior of Internet finance,excessive incrimination,low conviction thresholds,and excessive punishments.weight.From the problems in the legislation,it can be clearly seen that the illegal fund-raising behavior in the criminal regulation system of Internet finance is excessive.In the fourth part,the criminal law theory behind the legislative loopholes is analyzed.It violates the principle of the modest and destructive principle and the principle of a legally prescribed punishment for crimes.From the perspectives;the last part of the fifth section puts forward the path of improvement in light of the problems existing in the current status quo of legislation:changing the concept of excessive reliance on the criminal regulation system;and adjusting and restricting the crimes of illegal fund-raising,mainly from the illegal absorption of public deposits.Crimes,fraudulent fund-raising,and crimes of illegal business were adjusted and restricted;the fund-raiser's information disclosure obligations were strengthened.