A Study On The Judicial Determination Of P2P Fund-raising Fraud

As a financing service model,P2 P lending is an innovation of the Internet financial business,which crosses the banks and other financial institutions,and matching borrowers and investors to borrow transactions.In this model,P2 P lending acts as an information intermediary for the two sides to provide intermediary services,and it does not participate in the loan relationship essentially.In the development process,a lot of platforms beyond the information intermediary nature,result in frequent pavement phenomenon,involving illegal criminal risk,and even constitute a fund-raising fraud.Fund-raising fraud is the most serious crime in the crime of illegal fund raising.The study of P2 P fund-raising fraud has an important role in recognizing new ways of fund-raising fraud and accurately determining P2 P fund-raising charges and maintaining social stability.Based on the criminal law theory,this paper uses literature analysis and empirical research to explore the problems in the process of judicial recognition of P2 P fund-raising fraud at the perspective of the case of YouYi wang,and puts forward some suggestions on criminal legislation and judicial perfection.The paper is divided into five chapters.The first chapter is the introduction part of this article,which briefly introduces the background and significance,and introduces methods and innovation on the basis of summarizing the current situation of domestic research.The second chapter introduces the case of YouYiwang,and summarizes the focus,so as to show that there is controversy in the judicial practice of fund-raising fraud.The third chapter analyzes the judicial recognition about charges.This chapter makes a analysis on disputes on the determination of charges by combining the legal theory with the judicial cases.First of all,the chapter introduces fundamental elements of fund-raising fraud.Secondly,this paper seeking points so as to differentiate charges.Thirdly,it classifies those cases of P2 P illegal fund-raising,and summarizes specific performance of P2 P platform suspecting fund-raising fraud.After the theoretical analysis,this chapter will further discuss the charges according to fact.The fourth chapter analyzes the accomplice of P2 P fund-raising fraud.For the second controversial point,this chapter carries on the criminal law theory analysis,mainly concerning the establishment condition and the distinction between the principal and the offender.Finally,this chapter will further discuss whether the case constitutes a common crime or not.The fifth chapter is about perfecting the crime of fund-raising fraud.This chapter suggests that criminal law intervention should maintain the modest limit,which is manifested as tightness and complementarity.In the specific application,for the problems reflected from the case,this chapter proposes legislative and judicial advice,in order to provide ideas for judicial practice of P2 P fund-raising fraud.