Research On P2P Network Lending Criminal Law System

P2P lending as a new model of Internet financial,it appeared in the process of operation of alienation,which caused a lot of legal risk and some operation behavior alienation and even touched the criminal law's bottom line.Direct or indirect collection of funds,the use of the platform for their own financing,unauthorized establishment of funds pool and other business activities,suspected of illegal absorption of public deposit crime;Split the financing project implement period mismatch rolling financing,and issuing false borrowing,the implementation of "robbing Peter to pay Paul" ponzi scheme,and fund-raising fraud behavior model corresponds to the;On the other hand,the platform carries out the financing guarantee business without authorization and USES the credit mechanism to conduct credit expansion,and it also violates the constitutive elements of the crime of illegal business operation.Alienation of P2 P lending operations to the country's financial management order,social public property,the network brings great harm social credit system,so in meet the austerity of criminal law,and not on Internet financial innovation under the premise of damage,it is necessary to introduce the criminal law means P2 P lending areas,P2 P lending behavior regulation of alienation.In the treatment of the P2 P lending caused by illegal fund-raising cases,it is necessary for the crime of illegal absorb public deposits and fund-raising fraud narrowed the scope of,a criminal element to limit the use of funds,and improve the crime of illegal absorb public deposits amount for the conviction of and appropriate tightening fund-raising fraud crime ring.In terms of perfect punishment,punishment can be appropriately raise the proportion of application of enlarge the punishments and the applicable scope of qualification penalty,attempt to establish the penalty execution after accompanying economic compensation system.