| Since the reform and opening up,China has kept pace with the pace of the computer era,pioneered and innovated.P2 P network lending refers to the completion of inter-individual lending business by the Internet.With the innovation and development of China's Internet finance,P2 P network lending has become one of the contents of China's financial innovation development.Compared with traditional private lending,P2 P network lending breaks through the geographical and time constraints,satisfies the demand for capital lending by SMEs,and injects fresh vitality into the development of private lending in China.However,with the outbreak of criminal cases such as the “Eastern Venture Capital Case” and “e-rental Case”,the social harm caused by P2 P network lending began to appear,causing certain social impact.In addition to the introduction and conclusion,this thesis uses the methods of theory,comparison and empirical analysis.In the main body,it is divided into three parts to study the criminal law system of P2 P network lending in China.The first part of this paper mainly analyzes the criminal risk characterization of P2 P network lending in China.The author first sorted out the criminal cases of P2 P network lending in China,and the typical cases were mainly “Oriental Venture Capital” and “e-rental case”.There are two main disputes in these typical cases.One is the qualitative dispute of the P2 P network lending platform's self-contained self-use behavior;the other is the P2 P network lending conviction standard dispute.The risk of criminal offences in these cases is mainly concentrated on the risk of illegal fund-raising crimes and the risk of illegal business operations.Illegal fund-raising crimes mainly include seven crimes.P2 P network lending mainly involves the risk of illegally absorbing public deposits and fund-raising fraud.The second part of this paper mainly analyzes the theoretical basis of the criminal law system for P2 P network lending.The financial sector needs free value and also requires order value.As a tool for maintaining financial order,criminal law coordinates how to bring into line the financial freedom and financial order conflict.The third part of the thesis mainly proposes the author's criminal regulation path for China's P2 P network lending.The author believes that the basic principle should be adhered to firstly,that is,the principle of modesty.The article analyzes the connotation of the principle of modesty of criminal law,and analyzes the significance of the principle of modesty and punishment of criminal law on P2 P network lending.Secondly,the author analyzes the legislative improvement of P2 P network lending.Finally,the author analyzes the judicial measures of the P2 P network lending criminal law system,and sorts out the judicial concept from the two aspects of the sin criteria and the specific restrictions.This paper studies the criminal law system of P2 P network lending through literature analysis and multidisciplinary research.Summarize the risk of criminal offences in typical cases.The premise of the criminal law system for P2 P network lending in China is that the criminal law has the theoretical basis of regulation.Therefore,it is necessary to find the theoretical basis of P2 P network lending in China.Only when the criminal law has the theoretical basis for regulating P2 P network lending,can we use criminal law to regulate P2 P network lending in judicial practice.On this basis,this paper studies the regulatory path of China's P2 P network lending criminal law,and provides reference for the criminal law regulation system of P2 P online lending in China.Most of the existing papers and academic works on P2 P network lending are analyzed from the perspective of economics.A few papers study the specific crimes of P2 P network lending from the perspective of criminal law.On the basis of summarizing the results of previous theoretical research,the author tries to sort out the P2 P network lending problem from the perspective of criminal law.In the face of a series of problems in P2 P network lending,especially the criminal risk of its existence,how do we use the law to properly supervise.How to regulate the P2 P network lending in China's criminal law is worthy of our consideration and research.It is necessary and important to grasp the regulatory limits of P2 P network lending by criminal law. |
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