Research On Criminal Regulations Of Peer-to-Peer Online Lending

With the rapid development of P2 P online lending in China,the online lending financing model that is partially alienated from the information intermediary model presents the risk of reaching the criminal boundary,which is mainly reflected by the high incidence and rapid growth of P2 P online lending cases applicable to the illegal absorption of public deposits.The nerves of risk anxiety of the state and citizens have been triggered,but in the process of regulating P2 P online lending behavior,judicial authorities have defined the behavior with different standards,which ultimately led to the expansion of the P2 P online lending application of the crime of illegally absorbing public deposits.It appears that the crime of illegally absorbing public deposits has become the crime of regulating P2 P online lending.The main reason is that the current laws and regulations on Internet financial regulations are not clear enough and specifically lead to a lack of uniform applicable standards.In the context of functionalist criminal policy,the alienated P2 P online lending model of judicial institutions has higher criminal and financial risks,and In the process of criminal regulation,relatively strict criminal policies have been adopted,which has led to the expanded status quote of the application of P2 P online lending behavior to the crime of illegally absorbing public deposits.If this trend is allowed to develop further,it will not only be detrimental to the reform of the financial system,but also affect the marketization of interest rates and the construction of a multi-level civil financial system.It will even affect the space for civil liberties and erode the cornerstone of criminal law.Therefore,it is urgently needed in practice.The scope of P2 P online lending to apply the crime of illegally absorbing public deposits is reasonably limited,so as to grasp the boundary between crime and non-crime,and determine the methods and standards for distinguishing and regulating different models of P2 P online lending.Under the premise of clearly expanding the performance,the reasons behind this status quote are explored.The reasons behind the misunderstanding of the protection of legal interests,the impact of risk society,and the mispositioning of administrative offenders.After analyzing the reasons for the expansion,we need to explore a reasonable path to limit the shrinkage,and finally choose the method of criminal law doctrine between the abolition of the crime of illegally absorbing public deposits,the theory of compromise,and the theory of criminal law doctrine,because this will strictly abide by the crime.On the premise of statutory doctrine,the content of the charges is clarified with relatively smalljudicial costs,Specifically,grasp the specific connotation of the constituent elements such as "deposit","legal interest" and "public" in the dimension of legal provisions.In the criminal policy dimension,it is required to implement the modest rules of criminal law,grasp the final means of criminal law,and comprehensively consider all parties.Interests,follow the pace of social development,grasp the scientific connection between administrative law and criminal law,and then achieve coordination and logical self-consistency within the system.According to the conclusions of the doctrine of criminal law,the specific model of P2 P network lending is analyzed,and finally it is necessary to distinguish between the intermediary model under the role of information intermediary and the P2 P network lending behavior model with high financial risks in the role of credit intermediation.Under the circumstance of protecting legal interests,identify behavioral performance,with a view to reaching the expanded regulatory status of the crime of P2 P online lending suspected of illegally absorbing public deposits,realizing a reasonable demarcation of P2 P online lending behavior model under the criminal policy of leniency and strictness,following the financial The development trend regulates criminal behaviors that meet the criminal constituent elements while leaving room for a legitimate P2 P online lending behavior model,and ultimately promotes a healthy win-win situation for the normal operation of financial management order and the popularity of inclusive finance.