The Research On The Criminal Regulation Of P2P Network Loan

P2P network lending was born in European and American countries,and formed a complete administrative supervision model.Since its entry into China,it has gone through three stages: initial germination,high risk and regulation.It has two characteristics of information intermediary and Internet media.It has gradually derived from the pure intermediary model such as mortgage guarantee model and debt transfer model,which brings about criminal risks that can not be ignored.In order to improve the system of P2 P network lending in China,we should not only clarify the rationality of P2 P network lending intervention,but also adhere to the modesty of criminal law and maintain the limitation of Internet finance.At the same time,we should clarify the scope of application of the crime of illegally absorbing public deposits in judicial practice and the identification of joint crime.We also need to improve the relevant penalty norms of P2 P network lending,from the two dimensions of conviction and sentencing,to clarify the legislative improvement of the crime involved and the improvement of the penalty system.Through these countermeasures,we hope to form a long-term development mechanism and promote the healthy and long-term development of the P2 P network lending industry.