Research On The Criminal Law Regulation Of "P2P" Platform Illegal Acts

In recent years,with the rapid development of China's economy,China's Internet technology and information and communication technology breakthroughs,the scale of the rapid expansion of Internet users.As of June 2018,the number of Internet users in China has exceeded 803 million,and the Internet penetration rate has reached 57.7 percent,according to the statistical report on the development of Internet in China.This is also a period of rapid development of China's financial industry.The innovative development of finance has realized the rapid integration of the Internet and finance,and Internet finance emerges at the historic moment.With the booming development of Internet finance,P2 P,an emerging online lending method,emerged at the right moment.Since 2013,all kinds of P2 P online lending platforms,large and small,have mushroomed and taken root in China.However,after several years of brutal growth,P2 P online lending platforms are caught in the vortex again.Especially since 2018,hundreds of P2 P platforms have been liquidating,unable to pay their principal and interest,and countless investors have lost all their money.This also makes it of great practical significance to discuss the criminal law regulation of P2 P platforms' illegal behaviors.The criminal law regulation referred to in the title of this paper adopts the concept of criminal law regulation in a broad sense,that is,in the process of criminal legislation,legal application and litigation,a certain act is identified as a crime and convicted and punished,so as to achieve the purpose of banning the act.P2P,meaning peer-to-peer,originated in the UK,where a website called Zopa started to provide P2 P community lending services and P2 P online lending services.Gradually,P2 P has spread around the world,providing a welcome welcome to individuals or businesses in need of money.With the advantages of the Internet,P2 P lending network can be more rapid development.P2 P platform,as a network information intermediary,connects the party with capital demand and the other party with idle funds.The existence of the platform matches the two parties for online lending.However in the P2 P lending this emerging things in the process of rapid development,because our country market economy development is not perfect,imperfect credit system,electronic information technology is not fully mature,administrative regulatory lag behind the development speed and partly due to the lag of legal regulation,there are many high for P2 P platform,which includes platform impact the normal financial order and suspicion of "illegal fund-raising" kind of crime,there might be some platform operators volume "run",platform collapse "shut down" phenomenon,cause irreparable damage to the client.According to the development of the current financial,therefore,it is necessary for the P2 P lending platform carries on the detailed discussion of criminal law,and considering the necessity of the criminal law of P2 P lending intervention and the degree of the austerity of criminal law at the same time and on the basis of survey,avoiding excessive legal intervention in gold Internet harmony development was killed.The modest nature of criminal law means that criminal law should intervene and intervene in social life for the purpose of maintaining and expanding freedom,and should not intervene too much in the society.It is reflected in the allocation of criminal punishment,which is the moderation of the intensity of criminal intervention and the use of mitigatory punishment.The article will be divided into three parts.The first part introduces the necessity of strengthening the criminal law regulation of the P2 P platform illegal behavior,and takes the "Caibaitong platform" as an example to carry out case analysis.At the same time,the article points out the advantages and disadvantages of the development of P2 P platform in China and the reality and potential harm of P2 P platform.The P2 P platform should be regulated by the criminal law.The second part will analyze the reasons why the P2 P network lending platform is out of control,from the characteristics of the industry and regulatory law is not in place.The last part of the article will put forward the author's suggestions on the improvement of the criminal law regulation of P2 P platform violations,including strengthening criminal justice,optimizing litigation procedures and improving criminal legislation.