Research On The Criminal Risk And Regulation Of Equity Crowd Funding Of Internet

Financial market is one of the basic components of the national economic system.Ensuring the order of the financial market,maintaining the security of financial transactions and realizing the equality of financial transactions are of great significance to the further development of the socialist financial market with Chinese characteristics.The current financial market system in China is established in the form of state monopoly.That is to build financial market system by monopolization of financial institutions and financial businesses.At the legal level.China set the regulatory financial legal system based on the value of order and law.Among them,the criminal law level is even more.it shows obvious hysteresis compared with Internet financial innovation.In this context,Equity Crowd Funding of Internet as a typical representative of financial innovation is due to the cross influence between endogeneity and exogenous factors.It is easy to generate criminal risk from risk system,risk subject,risk behavior and risk degree.It may constitute a crime of issuing stocks,companies,corporate bonds,unauthorized establishment of financial institutions,illegal deposits from the public,etc.At present,China's Internet equity crowd raising has developed alienation to avoid criminal risk.Deviating from the right path and it lose the advantage of popularization and popularization.It formed the embarrassing situation of the name of Internet Finance and the reality of traditional finance.With the deepening reform of China's financial market and financial industry,free finance has become the main direction of China's financial development.Regulatory financial legal system has been unable to meet the practical needs of Internet financial innovation and development.Simple legal interest view of order has been unable to provide financial legislation and judicial activities with objective guidance.We need to reverse the entrenched tendencies of legal interests of order and introduce interest law interests.return to Financial specific elements and legal benefits.Constructing and carrying out the legal interest view of benefit under the guidance of order.Take the legal interests of all kinds of specific interests in financial market activities as the emphasis of legal interests protection.opposing the general order of legal interest protection orientation and ensuring the stable and orderly financial market elements.Finally,we will stabilize the national financial order from the micro leveland protect the legal interest of order and benefit.While maintaining the stability of criminal law,we can play a guiding role of legal interest view of benefit in order oriented based on the Equity Crowd Funding of Internet.From the perspective of administrative laws and regulations,we should effectively promote the revision of the existing laws,such as the securities law and the company law and the introduction of specialized laws.Establishing a system of crowd raising behavior waiver,platform registration exemption for meet the need to regulate the new Internet financial legal relationship.achieving the goal of controlling financial risk in the front end.Meanwhile,relevant criminal judicial interpretations should be modified to give full play to their flexibility.On the qualitative stipulation,we should give moderate exemption with the pre-system.On the quantitative provisions,we must relax it with the characteristics of Internet finance.for Releasing administrative prepositional evaluation and reminding function and Limiting the involvement of criminal law.Finally,we can mitigate and eliminate the criminal risks involved in the Equity Crowd Funding of Internet.To break the confinement of the state's financial monopoly by that way.Creating the suitable space for development should be achieved of Equity Crowd Funding of Internet and taking advantage of the Advantage characteristics.