Research On The Analysis And Governance Of Peer-to-Peer Lending Online And Illegal Funding-raising

With the continuous push of the model Internet Plus,the traditional financial industry and Internet technology are also continuously integrating and developing.The most distinctive product is the Internet financial intermediary business,namely the P2 P network lending platform.P2 P is the abbreviation of Peer-to-Peer,which expresses the meaning of individuals interact with each other through the Internet without intermediaries.The emergence of the network lending platform is to enable the interaction of funds supply and demand to have a good information screening environment.P2 P network lending mode relies on the rapid development of Internet technology,breaking through the traditional geographical constraints,making the social financing and private financing modes which originally existed only in the determined social relationship network have been further developed,providing a free matching platform for investors and borrowers.Our country's P2 P network lending platform has refined the various links of lending and formed many kinds of P2 P network lending modes.However,due to the lag of Internet finance legislation in China,since the inception of P2 P network lending platform,it has been wandering in the regulatory gap and the grey areas of law.There are still many problems,such as low access threshold,imperfect lending audit and risk assessment mechanism.The number of problem platforms shows a rapid growth trend,involving the increasing amount of loans and loan balances.As a result,many investors have become victims of the illegal fund-raising crime of P2 P network lending platform.The full text is divided into four parts.The first part is an overview of the illegal fund-raising crime of network lending under the P2 P modes in China.Firstly,it introduces the current situation of illegal fund-raising crime of P2 P network lending in China.Secondly,it explains the four common patterns of illegal fund-raising crime in P2 P network lending,including self-financing,fund pool,Ponzi fraud and pseudo-platform.Then it introduces the behavior characteristics of illegal fund-raising of P2 P network lending in China,including three behavior characteristics: sociality and openness,illegality and lure,networking and non-intermediation.Finally,the characteristics of illegal fund-raising crime of P2 P network lending in China are introduced.This crime has four characteristics: strong concealment,difficult to identify,difficult to recover stolen goods,and inadequate crime prevention.The second part is mainly about the statistical analysis of the effective judgments of the China Judgement Online,and the analysis of the charges,regions,personnel,objects,conviction criteria and the application of penalties in such cases.The conclusion is that P2 P network lending cases show an increasing trend year by year.Most of the cases are characterized by the crime of illegally absorbing public deposits and the crime of fund-raising fraud,involving a large amount of money,a large number of victims and involving a wide range of regions.The main criteria for conviction and sentencing are the amount of money involved and the number of people involved.The penalty is relatively light when sentencing.Through the analysis of judicial documents,it is concluded that the main problems in the specific judicial application of P2 P network lending platform crime are the distinction between crime and non-crime,this crime and that crime.The third part is to analyze the defects of the existing illegal fund-raising crime of P2 P network lending.From the platform and platform participants,social governance and criminal law governance three aspects to find the existing P2 P model of illegal fund-raising crime governance deficiencies.In the aspect of platform and platform participants,the platform operation mode is not perfect,the credit information system is not perfect,the talent training and business norms are ignored,the platform risk control means are not sound,and the irrational investment behaviors and the inventors are short of legal concepts.From the perspective of social governance,the main shortcomings are inadequate pre-risk assessment,low access threshold,weak market risk tolerance,no unified industry association for management,and imperfect information disclosure system.Finally,from the perspective of criminal governance,the criminal policy is too loose,the criminal law norms and interpretation system is not perfect,the effective social crime prevention system has not been constructed,the crime database,the professional case handling and case guidance system are missing.In the fourth part,aiming at the shortcomings of the existing crime of illegal fund-raising through P2 P network lending,the author puts forward feasible governance suggestions from the perspective of platform and platform participants,social governance,and criminal law governance,in order to effectively prevent the occurrence of such cases.From the perspective of platform and platform participants,we should improve and perfect the platform's operation mode and platform credit information system,attach importance to platform personnel training and business norms,improve risk prevention and control means of P2 P network lending platform,increase legal publicity,and cultivate rational investment habits.From the perspective of social governance,we should strengthen the construction of supervision system of P2 P network lending industry,establish information disclosure system,establish market access and exit standards of P2 P network lending platform,and establish industry associations for unified management.From the perspective of criminal governance,we should adjust the criminal policy from relaxation to rigorousness,further improve the criminal law norms and interpretation system,construct an effective crime prevention system,establish a characteristic database of criminal acts,explore the establishment of professional handling mechanism and case guidance system of illegal fund-raising cases on P2 P platform,and fully draw lessons from successful experience of foreign criminal governance.