Research On The Subject Identification Of Unit Crimes In P2P Platform Cases

Our country's unit crime system started late,in many legal provisions there are many imperfections.In the theoretical circle,the identification of the subject of unit crime is also different.With the development of The Times and the rapid rise of the Internet industry,the identification of the subject of unit crime in P2 P platform cases challenges the traditional unit crime.In judicial practice,P2 P platforms are mainly involved in the crime of illegal fund raising,but this crime of illegal fund raising is different from the traditional crime of illegal fund raising,which has its unique characteristics.In judicial practice,some cases concerning P2 P platforms are defined as crimes of units and some as crimes of natural persons.In order to solve this problem,we should first study the legislative intention of unit crime and analyze it from its historical development and characteristics.After a detailed analysis of the above problems,we can get a solution to the problem.This paper is mainly divided into four chapters:The first chapter,unit crime is our country special another name,our country unit crime main body characteristic should have three conditions: first,legal establishment.Second,have an independent personality.Third,form an organizational system.And property property can not be taken as the characteristic of unit crime subject.In the second chapter,after analyzing the practice samples of P2 P platforms,it is found that the characteristics of P2 P network lending mainly include rapid spread;The number of victims is huge;The scale of the crimes;Having professional organization;It is because of the characteristics of P2 P network lending that the cases involved are complicated in the judgment.Chapter three analyzes two typical cases of P2 P platforms--"ezubao" case and "Oriental venture capital" case.In the comparative study of the above two cases,it can be found that the difference in the amount of fines imposed by the law on the unit and the natural person will affect the result of the judgment.On the subject identificationof unit crime by the parent company and its subsidiary,the parent company and its branch company,if the parent company and its parent company have dominant control over the subsidiary company and its branch company,the subsidiary company and its branch company should not be identified as the subject of unit crime.And in one person company,if its individual property and company property do not exist mixed circumstance,should judge for unit crime.In the fourth chapter,the theoretical circle has many views on how to distinguish the crime of natural person from the crime of unit,but they are all one-sided.And in the unit crime subject identity problems in China,due to the theory of unit crime in our country is yet to be perfect,legislation and practice support from theory,and the provisions of the laws and regulations in our country at present is not clear,therefore,should from the above two aspects to solve the problem: on the one hand,appealed for more scholars to join in the study of the theory,to develop a complete theoretical system;On the other hand,relevant theories should be applied in legislation to perfect the current law and better adapt to the judicial practice.