Research On The Criminal Law System Of P2P Network Lending

P2P network lending is an individual-to-individual, point-to-point direct lending through the Internet platform, which is a kind of Internet financial innovation that combines the traditional folk loan and internet technology. Its existence and development in our country has a positive meaning for broadening the investment channels of the masses and alleviating the financing difficulties of small and micro enterprises. At the same time, the development of P2P network lending in China has had an impact on the traditional financial industry,thus forcing the financial system reform. However,due to the gaps in China's relevant laws and regulations and the lack of administrative supervision, making the P2P network lending barbaric growth.Some P2P network lending platform began to break through the "information intermediary" role,to participate in P2P network lending which makes P2P network lending "alienation". Lack of supervision and dissimilation of P2P network lending makes the P2P network lending risks, and even involved in criminal offenses. How to protect financial innovation while avoiding criminal risk has become an important subject of academic research. In this paper, we introduce the general situation of P2P network lending, analyze the financial innovations and implied risks of P2P network lending, and discuss criminals involved in P2P network lending in combination with criminal justice cases. Finally, it points out criminal justice response to P2P network lending. This paper is divided into three parts:The first part of this paper is mainly to analyze the rise of P2P network lending in China and the most primitive P2P network lending operation mode. It pointed out that the P2P network lending the Internet financial innovation has an important positive significance to the development of individual citizens investment and financing, the financing of small and micro enterprises, promote the reform of the financial system and social credit system construction. At the same time for the P2P network lending as emerging things implied risk, we should pay attention to, In order to prevent P2P network lending to criminal offenses.The second part of the article is written in the P2P network lending criminal law risk. It pointed out that China's current P2P network lending exists "alienation"phenomenon, China's P2P network lending involved in criminal offenses and P2P network lending alienation is inseparable. According to the analysis of the financial model, self-financing model, debt transfer mode, the secured creditor of the typical P2P network lending alienation model, found that the alienation of the P2P network lending is detrimental to society, and has the possibility of criminal offence. Secondly,combined with the P2P network lending to criminal judicial cases, according to the P2P network lending involves the crime of" illegally absorbing deposits in public "and"fraud in financing" and" money laundering "and" fraud"," the crime of illegal business "these kinds of common P2P network lending to specific forms of criminal charges. Looking for P2P network lending involves the types of crime, in order to provide reference to the following views on the P2P network lending regulation.The third part of the article is written Criminal Law how to face P2P network lending. First, because the lack of supervision of P2P network is easy to become lawless criminal means. It's necessary for Criminal Law to regulate P2P network lending. Secondly, the regulation of criminal law in P2P network lending should be moderate. Not because of P2P network borrowing implied criminal risk, to crack down, thus hindering financial innovation. Finally, the paper puts forward the regulation of Criminal Law of P2P network lending, and constructing regulation ideas based on Administrative Law and Criminal Law is complementary. At the same time,combined with China's current financial system. Analyzes the necessity and rationality of limiting the application of the crime of illegally absorbing public deposits and financial fraud. Making the regulation of Criminal Law will not suppress financial innovation.