Illegal Fundraising In Internet Finance And Its Criminal Regulations

The Internet finance industry,represented by P2 P network lending and equity crowdfunding,first emerged in European and American countries,but reached a prosperous and prosperous state in China.Behind this prosperity,the monopoly and activity of our traditional state-owned financial institutions are hidden.The contradiction between non-uniform supply and demand of private capital.In the pre-Internet finance era,private lending has shown a trend of malformed development.With the aid of the Internet as a tool for interconnection,the Internet has penetrated into the financial sector in depth,and various risks have also begun to appear in a concentrated manner,especially illegal fund-raising activities.In the traditional model,the illegal fund-raising activities in the field of Internet finance involve more people,a greater amount,a wider range,and more concealed means,and thus attract special attention.This article cuts in from P2 P online loan and equity crowdfunding,and focuses on the specific circumstances of the illegal fund-raising behavior and criminal regulation measures.It also extends to the discussion and structure of other supervision methods with the help of the inadequacy of the criminal regulation system.The vigorous development of Internet finance has given rise to various forms of illegal fund-raising behavior.Through the enumeration,comparison,generalization and analysis of the latest data,it is possible to have an overall grasp of the object of discussion.In the overview section,the connotation and extension of illegal fund-raising behaviors are defined,and the characteristics and hazards of criminal activities that are different from traditional illegal fund-raising are briefly summarized.All the following developments will come from this tone.Next,it discusses the specific situations of illegal fundraising risk in P2 P network lending and equity crowdfunding,focusing on the demonstration of the correlation between the internal structure of the P2 P online lending platform and illegal fundraising behavior,and the risk of illegal fundraising in equity crowdfunding.,Between the vague status quo of this legal norm,made some brief extensions and reflections.The main part of the article is the criminal law system for illegal fund raising in the second part of the two types of Internet financial models.It combines specific trial cases to conduct preliminary discussions on various typical issues.Because there are many similarities between the two types of platforms,the general and special,detailed and abbreviated arrangements are adopted in the argumentation.The description of the criminal regulation system of illegal fund raising in equity crowdfunding focuses on the difference between it and the P2 P network loan.Finally,the advantages and disadvantages of the criminal law system approach are reflected.For the new field of Internet finance,whether the criminal laws and regulations,judicial interpretations,and trial practices of illegal fundraising in the past are not self-consistent,how to avoid or improve various defects should be more reasonable than the criminal law supervision.How other regulatory methods should maximize their advantages.Through sorting out the issues of criminal regulation of illegal fund-raising in the two typical modes of P2 P online lending and equity crowdfunding,trying to illustrate an attitude;attach importance to the role of the criminal law,but not too much trust in its universal effectiveness.The central idea of criminal law is to crack down and punish.The purpose of financial administrative supervision is prevention and warning.There is a stratum relationship between the two.Naturally,it should be emphasized.In today's era of encouraging financial innovation,we must trust the strength of financial supervision,let the criminal law system retreat behind other regulatory methods,and adhere to the most stringent legal bottom line position.Because the financing channels of small and micro enterprises and individuals are suppressed by the country's traditional financial structure,the rapid economic growth has brought about a large accumulation of wealth,but these floating surplus funds lack the high return and secure value preservation channels,which are temporarily irreconcilable.The contradictions have given rise to a staggering volume of transactions and activity in the Internet finance.The endless variety of illegal fund-raising behaviors has gone beyond the past experience of the developed countries to form new situations and new situations that have not been encountered before.We should be more courageous.Try,explore,and develop new ways of controlling risks that meet current practice.