Research On The Criminal Regulation In Internet Crowdfunding

Since the internet crowdfunding has spread to China,it has begun to imperceptibly influence the economic development of China.And until now it has been officially incorporated into the national five-year plan.In this process,the Internet crowdfunding not only promoted economic development,but also brought many criminal legal risks.The causes of these risks are mainly due to the development of internet crowdfunding is not synchronized with the development of criminal legislation at this stage.Due to its novelty,the Internet public funding may make some mistakes in technology and policy.Once these mistakes are caught by some people who have ulterior motives,they may do some social harm behaviors.However,if the relevant policies and related laws are incomplete,it will directly use the criminal law to regulate when certain hazards occur.It is not clear whether some actions should be included in the crime scene because of the lag in criminal legislation.In this way,there may be a embarrassing situation in which the punished act is not punished as it should be,and the act that should not be included in the criminal circle.To break the deadlock,we can start from the following aspects:Firstly,crowdfunding on the Internet is an "imported product" and it can be prolonged abroad.This is inseparable from the relatively mature regulatory measures in foreign countries.Therefore,when the internet crowdfunding is regulated,some foreign legislative experience can also be used for reference.Through sorting out the legal regulation of foreign Internet crowdfunding,we can see several typical countries with more mature custodial supervision on the Internet are adherence to the principle of development first and sanctioning secondarily.Therefore,administrative laws are used to regulate them as much as possible.When formulating or amending the law,it is usually based on the protection of the benefit of the three parties.Therefore,there will be a stricter registration system.The threshold for criminal offenses is set higher;some also provide for a small securities exemption system.These ideas and experiences are worth learning from.Secondly,As the Internet crowdfunding has played a certain role in promoting economic development,starting from the perspective of the criminal law system and combining the value of the Internet crowdfunding behavior to this era,we can see that its value dimension should be manifested as ensuring the healthy development and nipped in the bud.To achieve these two values,we must follow the principle of modesty of criminal law.Whether at the legislative level or the judicial level,the restraint of criminal law must be followed.Try to achieve the minimum expenditure and get the greatest social benefit.The behaviors that can be regulated by other laws do not use criminal law to regulate them.The criminal law only regulates those who have serious social harm as far as possible.In the judicial field,even if some behavior is carelessly classified as a crime circle,it should be possible to use light penalties for regulation without using heavy penalties.If it brings more benefits than it harms,it can be exempted as appropriate.It is also necessary to formulate a relatively clear standard of incriminating the illegal Internet crowdfunding behavior,and to limit from the two aspects of illegal behavior and social harmfulness.We should also improve the existing penalty system,deepen the reform of property type,and expand the applicable proportion of qualification penalty in such crimes.It allows the perpetrator to behave cautiously away from the edge of the crime while being protected from prison.Finally,we must reasonably use the functions of judicial interpretation.Using of legislative interpretations and judicial interpretations to complement each other and explain some of the actions involved in Internet crowdfunding.Limited use the expand interpretations.It is also necessary to re-examine the purpose of interpretation,and pay attention to the purpose of the criminal policy of its connotation.As well as its flexibility and materiality,to achieves a relatively balanced state of stability and justice of criminal law.