Analysis On P2P Online Loan Platform Issues In Criminal Law Under The Background Of Internet

The P2 P network loan platform is a new type of financial business model emerging under the background of Internet development in the new era.It uses the Internet and communication technologies as a medium to realize financing and payment.P2 P online lending is also an important supplement to China's traditional finance.It also plays an important role in promoting financial industry reform and improving the financial service system.However,P2P's business has always been in a sensitive area,and it may inadvertently commit a crime.At the same time,the existing laws and regulations in China have insufficient deficiencies in the regulation of the P2 P platform.As the last line of defense for social security,criminal law can become a weapon for regulating online lending platforms.As we all know,the criminal law should be modest,and using lagging laws to strictly regulate emerging financial behaviors will inhibit financial innovation and undermine the authority of criminal law.In this context,this paper mainly discusses the criminal legal risks involved in China's P2 P online lending platform,pointing out that the alienated online lending platform deviates from the nature of intermediaries,and the self-financing funds generated in this process are suspected of illegal fund-raising crimes,and this paper analyzes the main identification problems involved in the crime of illegally absorbing public deposits and the crime of fund-raising fraud,and analyzes the constituent elements of the crime of illegally absorbing public deposits from the four aspects;the crime of fund-raising fraud is determined from the illegal possession purpose and the fraud method,in the "illegal possession" The determination of the purpose should grasp the presumption of the subjective purpose of the case of destructive disposal,borrowing new and repay old,and in the determination of fraud methods,the use of fictitious funds,the provision of false certification documents,and the use of high returns as bait should not be considered as the necessary form of fraud.Finally,on the basis of this,the paper puts forward some suggestions for the criminal law system of P2 P network lending platform.It points out that the criminal law should hold a moderate intervention attitude towards P2 P network lending behavior,adhering to the criminal law bottom line thinking,and limiting the identification of specific illegal fund raising and other crimes.Recommendations for the application and improvementof the scope of application of the qualification penalty and non-penalties.In short,under the premise of protecting the development of financial innovation,the criminal law is used to make appropriate adjustments to regulate the development of P2 P online lending,which has important practical significance for safeguarding Internet financial security and improving relevant administrative laws and regulations.