Criminal Regulation Of P2P Illegal Fund-Raising Behavior

As a novel financing model,P2P network financing has the unique advantages that traditional bank and private lending and other financing modes do not possess.These advantages create convenient conditions for micro-enterprises' financing,and also provide low threshold for high-volume investors.Income management channels.The considerable market demand makes the P2P network financing model play a great role in promoting the development of China's financial market.However,the lack of industry standards and inadequate regulatory measures have led many lending platforms to break through the definition of an "information mediation platform." It is not illegal to raise funds to engage in self-financing business,and even more direct fraudulent information is used for fund-raising fraud.Before 2017,the chaotic situation of P2P lending industry with“No entry barriers,No industry standards,and No regulatory measures" became a breeding ground for Internet crimes.At one time,illegal absorption of public deposits,illegal fund-raising,fund-raising fraud,Crimes such as illegal business operations,infringement of citizens' personal information,crimes,etc.,all appear in the judgment book of the P2P online loan platform crime.In 2017,four ministries and commissions such as the China Banking Regulatory Commission jointly issued the Interim Measures for the Administration of Business Activities of Internet Lending Information Intermediaries,and subsequently released the record management of lending platforms,the requirements for depository of platform funds,and the rules for disclosure of platform information,forming an online lending platform "1+3" regulatory situation.However,in the practice of administrative supervision,there are still a number of platforms that are in violation of current regulations and operations.In the process of the connection between administrative supervision and criminal punishment,there are still excessive interventions in criminal law,incriminating standards,or ossification or confusion,and the penalty system needs to be amended.Improve and other issues.The purpose of this article is to analyze the status of the industry after the implementation of P2P network financing industry administrative supervision in China,to explore how to do a good job in the balance between administrative supervision and criminal punishment,and how to use a reasonable penalty to regulate criminal activities such as illegal fund-raising on the Internet to protect the rights and interests of the public and the country.The purpose of financial activity order.This paper uses historical research methods,comparative research methods,empirical research methods,case analysis methods,and statistical analysis methods to analyze the development status of China's P2P network financing industry and the criminal issues that the industry platform touches.It put forward constructive suggestions on how to perfect the criminal law to regulate the crime of fund-raising on P2P networks.In addition to the abstract and the conclusion,this article is divided into four chapters:Chapter 1,The P2P network financing Involving Criminal Situation in China and the Necessity of Criminal Regulation System.Expounded the current situation of China's Internet lending industry,categorized and analyzed the types of China's Internet lending platform operating model,revealed the characteristics of the P2P network financing industry,combined with the data analysis of China's current P2P network financing industry involved in criminal profile,and proposed a criminal law The need to regulate the industry's crimes.Chapter 2,Status of Criminal Regulation System of Capital Raising in P2P Network.Analyzes and proposes several major issues facing the P2P industry in the criminal law system,and elaborates the major criminal charges involved in the P2P network financing industry.Chapter 3,P2P network fund-raising behavior criminal law path.It elaborates on the definition of P2P network financing and non-crime,and the crime and other crimes.Chapter 4,Improve the P2P network financing platform criminal regulatory system measures.From the aspects of the P2P principles that should be abide by the criminal law system,the application of the crimes related to shrinking the contraction,the improvement and the increase of penalties and punishment measures,etc.,relevant measures to improve the criminal regulatory system for P2P online loan platforms have been proposed in order to provide a healthy and orderly development of the P2P network financing industry in China.Provide theoretical reference for criminal supervision.