Research On The Applicable Limits Of Criminal Charges Involved In China's Peer To Peer Lending

Peer to peer lending is a new way of borrowing that extends private lending to the Internet,and has great potential for development.Any innovation always coexists with turbulence,due to the lag of laws and regulations,lack of supervision and management,Peer to peer lending platform run,collapse and other news succession,to investors to bring huge property losses,social harm is extremely strong.Over the past more than 10 years,China's P2P network lending platform operation model has deviated from the established trajectory,out of the essence of pure intermediary information platform,evolved a diversified operating model,including debt transfer model,guarantee model and so on.Many Peer to peer lending platforms promise investors to preserve high interest rates to absorb deposits,and the flow of investment funds to opaque,may involve the crime of illegal fund-raising.The guarantee business and the transfer of creditor's rights provided by Peer to peer lending platform are easy to involve illegal business problems.Although the suspected criminal offence of Peer to peer lending in China is prominent,we should clearly clarify the limits of criminal law intervention and avoid obstructing the development of the emerging financial industry represented by P2P network loan.By analyzing several operation modes of Peer to peer lending platform,this paper probes into the legal risks it may face,and extracts the charges often involved in China's Peer to peer lending:crime of illegally absorbing the public,crime of fraud in financings crime of illegal business operations.Combined with the actual case of criminal identification,in order to clarify the various charges in the Peer to peer lending industry in the field of application limits.