Research On The Crime Of Fund-raising Fraud Under The P2P Network Lending Platform

This article will analyze the case of fund-raising fraud of P2 P network lending platform in China's judicial documents network,and combine with the current judicial practice of the platform fund-raising fraud crime of judicial cognizance.To explore the current P2 P network lending platform under the composition of the crime of fund-raising fraud and identify the problems in the process,and put forward their own proposals for related issues.Starting from the relevant case documents,and analyzing the data of the judgment documents,this paper explores the current behavior and characteristics of the fund-raising fraud crime of P2 P network lending platform.Then it studies the fraud behavior,subjective purpose and identification of the subject of the crime of fund-raising fraud under the P2 P network lending platform,especially the identification of illegal possession.The author thinks that the purpose of illegal possession in judicial practice is mainly to start with the direction of the funds financed by the actor and the subjective intention of the operator.By discussing the identification problems,the author points out that there are some difficult problems in judicial practice,such as taking amount as the criterion of conviction,neglecting the fault of the victim,confusion of the criterion of determining the amount of crime,and so on.At the same time,in the process of analyzing the cases,it is found that the boundaries between fund-raising fraud and fraud,contract fraud and illegal absorption of public deposits under the P2 P network lending platform still need to be further clarified.Especially in the current judicial practice,the distinction between illegal fund-raising on the platform belongs to fund-raising fraud or illegal absorption of public deposits is still controversial because of the lack of uniform and clear identification criteria.Finally,the author puts forward suggestions on the determination of the crime of fund-raising fraud on P2 P network lending platform from two aspects: the consideration of criminal circumstances,in the aspect of conviction,we should improve the identification standard by considering the circumstances of the crime and issuing uniform judgment standards for guiding cases.In terms of sentencing,we should further improve the identification of the crime of fund-raising fraud under the P2 P network lending platform from the aspects of inaccurate disclosure of information as aggravating penalty conditions,judicial audit assistance to determine the proportion of funds used,and so on.