The Study On Interlocked Criminal And Civil Issues Of The Internet Financing

Internet financing,as an important type of Internet financial innovation,has developed rapidly in China in recent years and injected vitality into the Internet finance industry.However,due to the absence of relevant laws and the lack of supervision,the Internet financing industry poses many risks.The boundary between legal Internet financing and illegal fund-raising behavior is vague.In the Judicial practice,it is a serious problem that there is no distinction between the boundaries of the Criminal and Civil.Distinguishing the boundaries of the Criminal and Civil is the key to dealing with such cases.In order to promote the healthy development of Internet financing,the intervention of the criminal law is necessary.However,the excessive application of criminal law is bound to inhibit financial innovation,it will have a negative impact on economic development.On the contrary,too conservative application of criminal law cannot effectively combat Internet financial crime.Therefore,under the premise of maintaining financial innovation and ensuring financial security,how to solve the thorny criminal-civil cross problem in Internet financing is imminent.At the present stage,we should strengthen the financial administration legislation and standardize the financing activities on the Internet,and should not allow the criminal law to pay for the loss of the front law.On the other hand,we should take the legal relationship as the starting point and divide the cases into categories.By distinguishing the legal relations involved in the facts of the case,different legal norms can be applied,thus dividing the criminal legal liability and the civil legal liability.This article is divided into four parts,a total of more than forty thousand words.The first part,“the basic problem of interlocked criminal and civil issues of the Internet financing,” Firstly,the author introduced the basic concepts of Internet financing,features,specific trading patterns and the legal relationship involved.Secondly,the status quo of interlocked criminal and civil issues of the Internet financing was investigated.Combining with specific cases and related data,the part sorts out the problems existing in the judicial practice of interlocked criminal and civil issues of Internet financing.Among them,Civil acts are easily characterized as crimes,while some that have actually been violated by criminal law have not been dealt with.The second part,“analysis of the reasons for the interlocked criminal and civil issues of Internet financing”.This part analyzes the main reasons for the above problems one by one.The main reasons for the legislation lie in the lack of legislation,the problem with the link between legal norms and the imperfect legal norms system of the Internet financing.Judicial reasons are divided into the following points: First,vague criteria for determining the boundaries of behavior,tend to identify only by results and the substantive criteria for conviction or not;Second,judicial personnel lack awareness of distinguishing legal relationship in judicial practice.They focus more on the appearance of behavior and neglect the study of legal relationship.Third,the inadequate application of the criminal policy.There is a conflict between application of the tightening of criminal policy and the innovative spirit of financial policy.The third part,“the theoretical basis of the interlocked criminal and civil issues of Internet financing”,aiming at the above reasons,elaborates the theoretical basis on which to solve the interlocked criminal and civil issues of internet financing.From the perspectives of philosophy and criminal law,it is necessary to solve the problem systematically,to systematically analyze the legal norms of internet financing,to grasp the principle of the unity of opposites,and to strike a balance between financial innovation and punishing crime,financial policy and criminal policy.At the same time,we should follow the modest reprieve of criminal law and the theory of secondary violation,emphasize the careful intervention of criminal justice under the policy of encouraging financial innovation.The fourth part is,“the path of cracking down the interlocked criminal and civil issues of Internet financing”,and proposes a concrete way to solve the problem of the interlocked criminal and civil issues in the Internet financing through legislation and judicature.Legislation emphasizes scientific construction of Legal System of Internet financing,which includes not only the perfection of relevant laws and regulations such as the financial laws and regulations and the administrative supervision norms,but also the legislative convergence of the front law and the criminal law.Judicial emphasis on the division of legal relations,the legal relationship as the starting point,the classification of cases,for the formal performance of interlocked criminal and civil cases,in fact only involves a single legal relationship between the case,it should first determine whether adjust the front law or not;for cases involving different legal relations at the same time,under the premise of cautious use of criminal means,should apply civil law and criminal law respectively.