Criminal Law Regulation Of P2P Network Loan Platform's Illegal Financing Crime

In recent years,the rapid development of Internet finance has injected new vitality into China's economy.P2 P network loan,as a representative,has developed rapidly since it was introduced from abroad and has been strongly supported by the state.It also plays a great role in alleviating the financing difficulties of small and medium-sized enterprises.Traditionally,P2 P network platform mainly locate in information intermediary,but under the impetus of the market,the platform of the conversion mode was going on,not only to stick to a single mediation pattern,but the "alienation" from the other patterns of information intermediary location,plus the country for its lax supervision,P2 P network credit market has experienced a period of chaos.Based on this,the country began to standardize the online loan market,through the introduction of a series of financial management regulations to strengthen the regulation of the market,and clarify the legal nature of P2 P online loan platform information intermediary,these measures to a certain extent improve the management of online loan platform.However,the gradual improvement of administrative supervision has not reduced the criminal risk of the platform,but the criminal risk it faces has a more prominent trend.Therefore,it is necessary to analyze the penalty-related risks of P2 P online lending platforms from the perspective of criminal law,summarize the problems existing in judicial practice in dealing with the crimes related to P2 P online lending,and put forward corresponding Suggestions for improving the regulation of criminal law.This paper is divided into three parts:The first part is the introduction.Firstly,this paper introduces the research background,briefly expounds the concept and development status of P2 P online lending,and points out that the rapid development of P2 P online lending may involve greater criminal risk.Secondly,it introduces the academic research results of P2 P network lending and the existing deficiencies in the current research,and points out that it is of certain significance to study P2 P network lending from the criminalperspective.Finally,the paper introduces the research methods,mainly empirical analysis.Based on the sample analysis of the judgment documents in the past three years,the criminal issues related to P2 P online lending platforms are analyzed.In the second part,through the analysis of the judgment documents in the pastthree years,the status quo and characteristics of the criminal law regulation of P2 P online lending platforms are obtained,and a series of problems such as excessively wide impact scope of the criminal law,result-oriented,blurred boundaries between felonies and misdemeanors,and outdated standards of criminalization are also obtained.The third part proposes that the criminal law should maintain the necessary limit to intervene in the field of online loan,on this basis,the crime of illegal absorption of public deposits to adjust the elements of the constitution,and limit the application of fund-raising fraud.Not only that,on the issue of joint crime,it is reasonable to define the scope of its identification.On the standard of crime,it should be improved to adapt to the new characteristics of illegal fund-raising in the context of P2 P lending.