The Criminal Risk Of P2P Network Lending And Its Prevention And Treatment

P2P lending was born in European and American countries and formed a complete administrative supervision model.Since its entry into China,P2P loan has experienced three stages: preliminary germination stage,high risk stage,regulation stage.There are two characteristics of P2P loan which are information intermediary and Internet media.Gradually,P2P loan developed from a purely intermediary model to collateral mode and the form of transfer of creditor's rights.When we discuss the problem of criminal risk may face in the P2P network lending,we can divide them into P2P lending platform,the borrower and the lender according to different subject.Besides,according to the present situation of the criminal regulation of the current P2P network in China,it is concluded that there are many problems in the criminal law,such as the wide scope of the criminal law and the imperfect standard of the norm of the criminal law the administrative law.Therefore,in order to improve the system of China's P2P lending network,we must maintain the modesty of criminal law when we use it to standardize P2P lending network.We should not only protect the innovation,efficiency and free value of P2P lending,but also note that the criminal law can only intervene the P2P lending when its behavior is harmful to the society.Besides,the relevant norms of criminal law P2P network lending have to be improved through clearing the components of the crime of illegal absorption of public deposits and the crime of fund-raising fraud and making full use of "working prohibited" penalty.At the same time,we need to establish a linkage protection mechanism including civil litigation,administrative law and criminal law.Besides,we have to liberalize the financial system and set up Self-discipline Association of the Internet financial industry and credit evaluation mechanism.All these practices are for the long-term mechanism to promote healthy development of the P2P lending industry.