| The first P2 P online loan platform “Pai Pai Dai” appeared in China in 2007,since then P2 P online work platform has developed rapidly.Due to the lack of legislation and the lag of supervision concept,P2 P online loan has been on the edge of law and many alienated P2 P online loan platforms have huge crime risks.In recent years,"E Zubao","Qian Baoxi" and other platforms have been disclosed,which has raised greater concern about the crime of illegal fundraising on P2 P online loan platforms.This paper starts with the introduction of the concept of P2 P online loan platform,discusses the types of illegal fundraising on P2 P loan platforms.It also analyzes the crime of illegally absorbing public deposits and the crime of fund-raising fraud constituted by P2 P online lending platforms.This paper puts forward some suggestions on how to regulate the crime of illegal fund-raising on P2 P online loan platforms.This article is divided into five specific parts as follows.The first part is the overall overview of P2 P loan platform.This paper first defines P2 P online loan,introduces the development and transformation of P2 P online loan platforms in China,and finally analyzes the problems existing in the development of P2 P online loan platforms.The second part is about the types of illegal fundraising under P2 P loan platforms.This paper discusses the two perspectives of P2 P online loan platforms directly engaging in illegal fund-raising activities and the actors using P2 P online loan platforms to carry out illegal fundraising activities.The former includes the financial product model of the platform itself,the “Pangshi” fraud model and the self-financing model of the platform.The latter distinguishes between qualified borrowers and unqualified borrowers among the actors and conducts targeted analyses.The third part is about the crime of P2 P online loan platforms illegally absorbing public deposits.Combined with the characteristics of P2 P online loan platforms,this paper discusses the constitution characteristics of the crime of illegally absorbing public deposits,and makes a special study on the problem of the distinction between unit crime and natural person crime in judicial practice,and the joint crime between online loan platforms and borrowers.The fourth part is about the analysis of P2 P online loan platform fund-raising fraud.According to the characteristics of P2 P online loan platforms,this paper focuses on the identification of "purpose of illegal possession" and "use of fraud methods",so as to better distinguish the boundaries between P2 P online lending and fund-raising fraud.The fifth part is the suggestions on the improvement of criminal law regulation of illegal fund-raising crime on P2 P online loan platforms.On the basis of comprehensive analysis of current research about illegal fund-raising crime on P2 P online loan platforms and its development in China,the paper proposes the following suggestions on the regulation of illegal fund-raising crime on P2 P online loan platform from three aspects: draw the line between financial innovation and financial crime,appropriately raise the standard for criminalizing illegal fund-raising on P2 P lending platforms,improve the connection between administrative supervision and criminal law regulation. |
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