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The Application Of The Crime Of Illegally Absorbing Deposits Of The Public In The Internet Financial Field

Posted on:2018-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2416330536975009Subject:Criminal law
Abstract/Summary:PDF Full Text Request
In recent years,with the rise of Internet finance concepts and models and the Background of financial policy reform and Innovation,financial innovation and new financial risks have emerged.In the Internet financial activities,the value and risk coexist.The legitimacy of fund-raising activities under the Internet model is controversial,and the application of the crime of illegally absorbing public deposits in the field of Internet finance?These problems not only reflects the need for regulation and regulation of the risks of Internet financial activities,but also reflects the extreme expansion of the criminal circle brought about by the expansion of the crime of illegally absorbing public deposits in judicial application.Internet broadcasters and non-specific determines the Internet fund-raising behavior is mostly for non-specific object of public publicity,which is the advantage of the Internet model.This is also the purpose and meaning of using the Internet to raise funds.But it is difficult for us to distinguish between this new type of fund-raising model and the illegal absorption of public deposits.Financial legislation based on financial monopoly enables Internet financiers to walk on the edge of the high-voltage line of crime,and their behavior is fraught with risk.The disjointed and contradictory between the norms of financial policy and criminal legislation has caused many problems in the application of the crime of illegally absorbing public deposits.Before dealing with these problems,traders of Internet financial activities will be afraid of innovative trading model suspected of constituting a crime and fear of fear,which will seriously hinder the innovation and development of Internet financial activities.In the first part,the author starts from the value of the rise of Internet financial activities and the possible criminal criminal risk,which shows the significance of the development of Internet financial activities to the service economy and society,and the new criminal risks that Internet finance may bring.In the second part,the author analyzes the reasons for the illegal application of public deposits.The introduction of the legislative background of the crime,as well as the changes in financial policy and criminal policy and the expansion of the crime of illegally absorbing public deposits in judicial application,explains why the application of the crime of illegally absorbing public deposits in today's financial context is always controversial.In the third part,the author demonstrates the theoretical basis and policy background of the application of the crime of illegally absorbing public deposits in the background of Internet finance.With the development of society,the change of criminal policy will also have the influence of criminal legislation and criminal law application.At the same time,in the gradual relaxation of the financial policy of the market environment,the illegal absorption of public deposits to protect the legal interests have also changed.From the perspective of criminal policy and legal protection,the application of the crime of illegally absorbing public deposits is reasonable.In the fourth part,the author combs the illegal absorption of public deposits in the crime of "public","deposit" concept of controversy.Through the "public" in the "unspecified object" identified standards of the reconstruction of the argument and the "deposit" of the analysis,the illegal absorption of public deposits to explain the elements of the provisions of the limit to apply for the illegal absorption of public deposits.
Keywords/Search Tags:internet banking, P2P borrowing, public
PDF Full Text Request
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