Crime Definition Of Fundraising On "P2P" Platform

With the rapid development of the Internet,the "P2P" lending platform has become active in social and economic life and has become an important part of Internet finance.As a convenient and fast intermediary platform,it has played a role in communicating information between investors and borrowers and it is highly respected and favored.But for now on,the "P2P" platform has changed its face and deviated from its track as an intermediary.It has developed a variety of alienation models,making the "P2P" platform have similar functions as financial institutions.While bringing convenience,there are also many violations of law and even crime.According to the case of "P2P" involving crimes in recent years,from the Chinese refereeing papers,after the comparison of the forms,the conviction situation,the direction of funds,the fund-raising mode,the damage situation and classic cases are analyzed to study the criminal justice status of "P2P" crimes.Before the "P2P" platform enters the criminal law,the civil and administrative legal relationship should be adjusted by civil and administrative laws and regulations,adhere to the criminal law's guarantee law and modest principle,and initiate criminal law in strict accordance with the law.Grasping the criteria for conviction and the benchmark of punishment,the legal and illegal boundaries of fundraising activities need to be more clearly and accurately grasped.Most of the fund-raising activities of the "P2P"platform entering the criminal scope are concentrated on the crime of illegally absorbing public deposits and the crime of fund-raising fraud.The crime of illegal fund-raising is a statutory criminal(administrative criminal).The punishment for statutory criminals follows the principle of secondary illegality and cannot cross civil.Direct application of criminal law to legal norms and administrative legal norms.For the crime of illegal fund-raising,a substantive explanation should be adopted.If an act seriously disturbs the financial order,it may constitute a crime.The determination of the purpose of illegal possession in the crime of fund-raising fraud is crucial and must be carried out in accordance with the provisions of the law and judicial interpretation to ensure the balance of crime and justice.At present,there are still problems in the operation and management of the "P2P" platform,such as the convergence of the legislative system,the excessive expansion of the penal power,the misallocation of the overall penalty,and the attribution of results.In the future,we can strengthen the coordination of criminal legislation and administrative regulations,and the current criminal law.Measures to improve the crimes involved in the "P2P" online lending platform,improve the penalties and punishments for related crimes such as illegal fund-raising crimes,and maintain the criminal law's modesty under the guidance of the criminal policy of lenient and strictness to improve the"P2P"platform.Healthy development,stable financial order.The main content of this article are as follows:Chapter ?,Preface.It introduces the emergence and development of"P2P" platform with the development of technology of internet,which meets the need of private financing in real life.This paper introduces the improper handling of the "P2P" platform injudicial practice,which is also the background of this paper:Chapter ?,Introduce the alienation of "P2P" platform in the process of development,and the related crimes and the requirements of criminal law regulation.Six sets of data are used to illustrate the types and characteristics of crimes committed by"P2P"platform.At the same time,representative cases are listed and the deficiencies of judgments in judicial practice are analyzed from the perspective of civil law and administrative law;Chapter ?,This part is the main part of this article.This part introduces the application of criminal law in the fundraising of "P2P" platform.After summarizing the criminal cases of "P2P" platform mentioned above,it makes a detailed analysis of the penalty of "P2P" platform from non-criminal means control,overview of criminal responsibility of "P2P" platform,crime of illegally absorbing public deposits and crime of fundraising fraud.The constitution and application of the responsibility are summarized,and the deficiencies in the management and control of the "P2P" platform under the current legal framework are summarized;Chapter ?,The fourth part puts forward suggestions for improvement according to the deficiencies of "P2P" platform management and control under the current legal framework proposed in the third part;Chapter ?,Conclusion.It is pointed out that the treatment of "P2P" fundraising behavior should be regulated by civil and administrative penalties,and criminal law can be used only when the behavior seriously disturbs the financial order and conforms to the four characteristics of illegal fund-raising.It also points out the shortcomings in the article.