Research On P2P Network Lending And Its Criminal Law Regulation

P2P network lending is a peer-to-peer lending between individuals and individuals through the Internet,so it has the characteristics of universality,flexibility and being subject to the Internet technology.But P2 P network lending is based on information as a medium of exchange,and China's credit system is not perfect,which result in the uncertainty and the high risk of network lending and transaction.Net loan platform is not China's formal financial institutions but provides a platform for the P2 P network lending,through which the borrower and the lender conduct normal private lending.private lending is protected by contract law,is different from illegal fund-raising.The interaction between the platform and the platform does not interfere with the transaction of both sides.Therefore,legal network lending does not involve criminal legal risks.P2P network lending is born abroad.The typical operation mode has the information intermediary mode of the British Zope and the Lending asset securitization mode of the US Lending club.The two modes have not deviated from the location of the information intermediary though their operation modes are different.Since they were introduced to China,the operations have been alienated because of the special situation of China: repressive financial policy,the imperfect credit system,the lack of public financial knowledge,regulatory deficiencies,and the fierce competition of our financial market.As a result,they have developed into different sets of financial management mode: the model of collective financial management,the mode of transfer of creditor's rights and the mode of guarantee.The alienated network loan is very easy to cause credit risk,flow risk,legal risk and so on.Therefore,it is necessary to increase the criminal law regulation of the net loan platform.In China,the alienation of P2P lending is suspected of many kinds of criminal offenses.In judicial practice,there are common crimes of illegally absorbing public deposits,fund-raising fraud and other illegal operations.Net loan platform illegally collect lenders' funds and set up a "pool of capital",which are easily suspected of committing the crime of illegally absorbing public deposits,when self financing net loan platform fictitious subject,has the purpose of illegal possession,suspected fraud,net loan platform is currently carried out without the approval of the guarantee business suspected of the crime of illegal business.In online lending,lenders and borrowers will also use net loan platform to commit crimes.There is no difficulty in identifying the general accomplices in online lending.When Internet lending platform collude with lenders and borrowers,a joint offense will be established.One of the difficulties right now is the identity of one-sided accomplice,for normal business lending behavior,if having performed the necessary to auditorial obligations,cannot be identified as common crime on the net loan platform.Otherwise,the lender and the borrower will be identified as committing the crime of unilateral accessory.The criminal law has legal interest protection function and behavior regulation function.At present,the net loan industry is chaotic,and the non-criminal law is difficult to achieve substantial results.It is the realistic cause for criminal law to regulate P2 P network lending.The theory of legal interest protection,modesty,the principle of penal punishment offer the legal basis for the involvement of the criminal law in the borrowing and lending on the Internet.However,the current criminal law network lending conviction standard is not reasonable,especially in the determination of whether net loan platform relates to the alleged crime of illegal deposits from the public,the existence of "financial order" in a formal identification of the object of the crime.Moreover,the convicted standard is too low,and the existence of the net loan platform hits wide.In the sentence,the amount of the traditional penal law is too low for the illegal fund-raising crime,and it can not reflect the pertinent punishment.When the punishment is punished,the application of the property punishment is not enough and the punishment is not applicable.Accordingly,in line with the idea of actively guiding new things and interfering properly and not killing them,the principle of tolerance and tolerance should be followed in the regulation of P2 P net loan.The cognizance of the crime and the crime standard should be reasonable,It is strongly recommended that reasonable standards should be taken to avoid disrupting the financial order,uplift crime threshold of the fund-raising,improve the application of punishment system,and property punishment as well as proportional fine system so that we can promote the better development of P2 P network lending.