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Research On The Criminal Risk Prevention And Control Of The Internet Equity Crowdfunding Platform

Posted on:2019-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:H M XiaoFull Text:PDF
GTID:2416330548479115Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The innovation of financial markets has brought new vitality to small and micro enterprises and start-up companies.Internet equity crowdfunding is the product of resolving the contradiction between the private capital surplus and small micro and small capital gaps of startup companies.Internet equity crowdfunding,as one of the important forms of internet finance,breaks the traditional financing model,can quickly help SMEs to finance and broaden the channels of general public investment,get rid of the bank borrowing threshold and the high interest rate of private lending,and the United Nations proposed "Preferential finance" has a certain degree of fit.The Internet equity crowdfunding platform serves as a bridge linking corporate finance with public investment,and is an indispensable and most controllable link in the process of equity crowdfunding.It promotes the healthy and orderly development of equity equity crowdfunding from the equity crowdfunding platform.It is more sensible to start to standardize Internet crowdfunding.In addition,through the combination of judicial cases,it can be found that the criminal risk of equity crowdfunding also mainly comes from the equity crowdfunding platform.This is mainly manifested in the fact that its nature and location are unclear,which directly leads to its existence and the operating model is extremely vulnerable to the criminal law.This has a natural criminal risk;on the other hand,the equity crowdfunding platform can be easily exploited for illegal fund raising and illegality.MLM and other criminal tools.Analysis of the causes of the criminal risk phenomenon in the Internet equity crowdfunding platform found that its criminal risk and the platform operator's profitability and criminal chance,the greed of other participants,and the low awareness of Internet equity crowdfunding,and the inadequate regulatory system.The criminal law is closely related to reasons such as incomplete platform regulation.In order to promote the development of Internet equity crowdfunding,the criminal risk and platform alienation that are inherent in the equity crowdfunding platform are prominent.According to the reasons for this,the "all defeats" approach is used to prevent criminal risk on the Internet equity crowdfunding platform.control.Specifically,it includes raising awareness of the rights and interests of financiers and investors,building a strict monitoring system for equity crowdfunding platforms,and improving the countermeasures of criminal law to equity crowdfunding platforms.The supervisory system includes self-regulation of industry self-regulatory organizations and supervision by government regulatory authorities.Under the premise of perfecting the rights protection and supervision system of investors and financiers,the criminal law will adopt supplementary regulations.The regulation of the criminal law on the equity crowdfunding platform mainly starts from the legislative and judicial aspects.Legislation,we must first uphold the principle of modesty,to avoid the excessive involvement of the criminal law caused the development of the equity crowdfunding platform,at the same time,under the guidance of this concept to improve the relevant legal provisions,increase the qualification penalty,to adapt to the development of the Internet equity crowdfunding platform,Prevent its criminal risk.Judicially,the judiciary should establish a professional financial crime team represented by crime prevention and control based on the equity crowdfunding platform.Based on the perspective of protecting the innovation of internet finance,it should strengthen coordination with various law enforcement agencies and use flexible thinking methods and high-tech investigative techniques.Give full play to the function of punishing and preventing crimes in the equity crowdfunding platform.To do a good job in the prevention and control of criminal risk in the equity crowdfunding platform is a key force to ensure the healthy development of Internet finance.
Keywords/Search Tags:Equity crowdfunding, Equity crowdfunding platform, Criminal risk, Criminal regulations
PDF Full Text Request
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