Criminal Regulation Of P2P Lending Behavior Under The "Internet+" Strategy

As a new type of Internet financial business,P2 P Lending has been rapidly developing in various countries.With the concept of “Internet +”was formally put forward in the government work report in 2015,P2 P Lending has been widespread concerned by people as a combination of Internet technology and financial industry.Under the influence of “Internet +” strategy,P2 P makes up the lack elements of traditional financial industry,besides it also updates the traditional lending system and improves the operational efficiency.However,along with the development of P2 P,there are some unavoidable problems such as illegal fund-raising,fraudulent fund-raising and other legal risks;Lack of credit system makes the debt difficult to be achieved.In this paper,P2 P is placed under the background of “Internet +” development strategy.Based on the theory of criminal law,the historical analysis methods,empirical analysis methods and comparative argument methods will be used in it.In it,we can know exactly what P2 P Lending may be involved in the operation of some of the potential risks.Then we should determine the criteria and scope of the further identification,and make the corresponding regulation of criminal law.The first part introduces the concept and characteristics of P2 P Lending behavior under the strategy of “Internet +”,and the “alienation modes” such as online and offline mode and creditor's rights transfer mode.This part will introduce the“alienation modes”of P2 P Lending under the new environment of “Internet +”,which paves the way for the crime risk of various “alienation modes”.At the same time,it is also clear what is P2 P Lending in the “Internet +” strategy.The second part mainly points out the potential crime risk of P2 P Lending from the illegal fund-raising and money-laundering crimes involved in P2 P platform.Through the analysis of the crime risk,we can find out the problems existing in the platform,then carry out the necessity method of Criminal Law Regulation.There are many management loopholes in China's P2 P Lending,which lead to lots of platform runway with fund raising.The platform of P2 P Lending provides their own guarantees,the formation of funds pool and self-financing business etc,which make P2 P Lending platform no longer simply to fulfill the obligations of intermediary information platform.It also brought a serious impact on the social and economic order.This chapter clarifies the rationality and necessity of criminal law for the regulation of P2 P Lending behavior.The third part analyzes the problems of money laundering and the controversy in the crime of illegal fund-raising and fund-raising fraud.Then draws a way to regulate the behavior of P2 P Lending in the specific situation.This chapter expounds the controversial issues such as the crime subject,the scope of fund raising and the determination of illegal possession,and the judgment of money laundering,which is involved in the illegal fund-raising and fund-raising fraud.The fourth part is through the analysis of the crime of the P2 P Lending,criminal law of modesty,criminal policy will be applied to adjust the“alienation modes”.At the same time,we should improve the amount standards of entry and exit crime.Finally,the subjects of the P2 P Lending should be involved into the scope of the main areas of legal laundering.