The Regulation Of Criminal Law About Illegal Financing In The Internet Finance

Internet finance is an indispensable part of China's economic industry at present,and fundraising by Internet,as an emerging financing mode,is an upgrade of the traditional mode,to give small and medium-sized enterprises good opportunities for growth,and driving the financing of idle funds in the financial industry.However,it is worth noting that its unique novelty and epochal characters are often used by criminals to carry out illegal fund-raising activities,which bring huge risks and cause social instability.Since it developed,China has been groping for the supervision mode of Internet finance.As the last protective barrier,China's criminal law plays an irreplaceable role in regulating the fund-raising of Internet finance.Internet finance illegal fund-raising behavior has the basic characteristics of a crime,belongs to a crime,and should be regulated by the criminal law;And the types of criminal cases more and more,such as the case about "Oriental investment" and "E-zubao".In such cases,regardless of the size,number,amount involved,traditional illegal fund-raising behavior cannot reach.It has had a serious impact on investors' property and the entire financial order.Therefore,criminal law has the practical significance.However,there are frictions between the regulation of criminal law and the innovative thinking of Internet finance.Relevant provisions also have shortcomings such as large scope of crime,low threshold of crime and single sentencing mode.So,it is urgent to make necessary adjustments to specific provisions.First of all,we can learn from the relatively mature regulations outside the region.That is to face up to the importance of Internet finance,give it a reasonable free space,strengthen the regulatory role of financial laws on the existing basis,and take the criminal law as the most powerful follow-up guarantee.Secondly,there are relevant Suggestions on the insufficiency of China's criminal law regulation.To truly carry out the policy of combining leniency with severity,the scope and threshold of the offense should be appropriately adjusted,and the punishment should be moderately reduced and the qualification penalty should be added.Lastly,criminal justice is also a key link.We can set up expert pool,strengthen the degree of professionalism of judicial staff,and improve the case guidance system.Efforts should be made to improve the criminal law regulation of illegal fund-raising crimes in Internet finance from multiple aspects,so as to protect the innovative development of Internet finance to the greatest extent.