Applicable Research On The Crime Of Illegal Absorption Of Public Deposits In P2P Network Lending

With the popularity of Internet technology,the emerging economic development model-Internet finance has also emerged.Private enterprises,small and medium-sized enterprises in the financial market need Large amount of capital to develop.However,it is not easy to obtain loans from traditional financial institutions.Due to the advantages of low cost and convenient financing,the P2 P network lending platform has gained a place in China.Traditional formal financial institutions are based on credit,and P2 P online lending platforms serve as informal financial institutions,which play an important complementary role in traditional financial institutions.With the powerful Internet as an information intermediary,the utilization rate of private idle funds has been raised,the financing needs of individual entrepreneurs and small and medium-sized enterprises have been met,the problem of information asymmetry in borrowing has been solved,and the effective allocation of capital has been realized.However,there are also financial risks in the development of P2 P network lending platforms.Some P2 P network lending platforms surpass the identity of platform information intermediaries,which play the role of credit intermediaries in Borrowing,and the law has a certain lag.Under the development of weak supervision and unclear regulation,many serious illegal fund raising behaviors have occurred,destroying The market order,especially the collapse of the P2 P network lending platform and the running of the funds,which have caused serious social impact.At this point,it is necessary and reasonable for criminal law to involve in regulating the illegal fund-raising behavior of P2 P network lending,but considering the particularity of the Internet economy,the criminal law intervention regulation should not be excessive.Therefore,this paper explores the criminal law of this kind of behavior from the perspective of Illegal absorption of public deposits,which is the most common crime of illegal fund-raising in P2 P network lending.And this paper generally divides itself into three chapters:Combining current situation to propose questions?Analyzing problems?Solving problem form:The first chapter mainly introduces the current situation of criminal law enforcement in the illegal fund-raising behavior of P2 P online loans.This chapter introduces the development status and operation mode of P2 P network lending,and analyzes the type regulation of illegal fund-raising behavior in P2 P online lending.This chapter also expounds the laws,regulations and practice status of regulating illegal fund-raising behavior in P2 P online lending.The second chapter corresponds to the analysis of the problem.This paper analyzes several problems in the illegal absorption of public deposits and the illegal fund-raising behavior in P2 P online loans.First,it analyzes the expansion of the regulation of the behavior and the imperfection of the penal system in the context of the P2 P industry,mainly for the illegal absorption of public deposits.Then it focuses on the disputes on the interpretation of the law of illegally absorbing public deposits in the academic circles.First,it advocates the abolition of the law of absorbing the crime of public deposits.Second,it advocates the judicial control of the crime of illegally absorbing public deposits.The idea of applying the crime of illegally absorbing public deposits is reduced.Finally,it introduces the analysis of the difficult problems of the crime of illegally absorbing public deposits,such as the "illegality" and "public propaganda" of this crime.The third chapter mainly proposes the completing path of illegally absorbing the crime of public deposits and regulating the illegal fund-raising behavior in P2 P online loans.This chapter firstly analyzes the limits of criminal law's involvement in illegal fund-raising in P2 P network lending in combination with the criminal law.And then it proposes an innovative restriction-restriction explanation for the illegal absorption of public deposits.This paper proposes to limit the interpretation to consider this behavior.Considering the administrative preposition law,it put forward the idea of limiting the protection of the law of this crime in the context of Internet finance,it specifically introduces the application of the restriction on the regulation of illegal absorption of public deposits.Finally,on the issue of single punishment and insufficient property punishment,the specific measures for perfecting the punishment system in illegally absorbing the crime of public deposits are proposed.