Judicial Determination Of Crimes Involved In P2p Online Lending

Due to the rapid development of the Internet and big data,peer-to-peer lending's criminal methods are becoming more and more complex,the amount of cases involved is increasing,and the number of victims is increasing,which seriously endangers China's financial security.It is not conducive to the long-term healthy development of the financial industry.Financial security plays a vital role in the development of the national economy and has a significant impact on the progress and development of the society.Peer-to-peer lending is a new product derived from the development of Internet finance and plays an important role in the entire Internet financial system.Peer-to-peer lending has become an important driving force for China's financial development.It is not only conducive to solving the problem of financing difficulties for small and medium-sized enterprises,but also can meet the investment needs of private capital.Its standardized operation and good development will definitely be conducive to the development of China's socialist market economy.Therefore,in order to ensure the development safety of the financial industry and build a good financial environment,the supervision of peer-to-peer lending platform must be comprehensively strengthened.Based on this,this paper analyzes the current situation and identification of crimes involved in peer-to-peer lending's acts in Zhejiang Province,hoping to find out the problems,at the same time reflecting the current situation of crimes involved in peer-to-peer lending's acts in the whole industry,and puts forward corresponding improvement suggestions.The concept of peer-to-peer lending's behavior refers to individual peer-to-peer lending(namely peer-to-peer lending)and online micro-loans.At present,peer-to-peer lending's behavior mainly has three modes,namely,pure intermediary mode,secured transaction mode,peer-to-peer lending platform itself providing funds,and the mode in which borrowers apply from the platform.Peer-to-peer lending's behavior has the characteristics of excessive and low investment,stable income,free planning of investment period,risk diversification,civilian objects,wide participation subjects,networked participation methods,high transaction efficiency and other characteristics.These characteristics lead to a wide range of victims and a large amount of victims in the event of a crime in peer-to-peer lending's behavior,which will bring incalculable harm to social order and social economy.Based on this,it further analyzes that peer-to-peer lending's behavior may have legal risks such as contract fraud or fund-raising fraud by using network loans,money laundering by using peer-to-peer network loans,illegal absorption of public deposits by using network loans,suspected crime of setting up financial institutions without authorization,possible crime of selling or illegally providing citizens' personal information,etc.Under the background of judicial big data,through the statistical analysis of 148 cases in Zhejiang Province,this paper makes classified statistics on peer-to-peer lending's behavior and its crimes.False propaganda is widespread in peer-to-peer lending's behavior,and some platform company accounts and personal accounts are not divided,and the use of financing funds is different.These circumstances make the boundaries between legal private lending behavior and the crime of illegally absorbing public deposits unclear in judicial identification of peer-to-peer lending's behavior in practice.The boundary between "crime of fraud in fund-raising" and "crime of illegally absorbing public deposits" is unclear.In order to crack down on crimes in the process of judicial identification,it is easy to cause too much crackdown,and the common crimes caused by ordinary personnel are also considered to be crimes with a larger scope.In view of the above-mentioned problems existing in the judicial determination of peer-to-peer lending's behavior crime,this paper puts forward accurate suggestions,that is,when determining the crime and non-crime,the false propaganda behavior should be determined as the starting behavior of illegal fund-raising crime;If the normal operating capital chain of an enterprise is broken,it should be regulated by civil law or administrative law.Caution should be exercised when judging the business scope of peer-to-peer lending platform and the legal nature of the capital pool it forms.When distinguishing between "crime of fund-raising fraud" and "crime of illegally absorbing public deposits",we should accurately identify "the purpose of illegal possession".Finally,ordinary employees should not be convicted in joint crimes,otherwise it violates the modesty of criminal law.