Study On The Criminal Regulation Of Illegal Fund-raising In Online Finance

Online finance is highly praised as an emerging financial formats.However,the frequent occurrence of collapse on P2 P platforms is also disturbing.Adequate regulations have not been properly followed up.This paper will take the concept analysis as the research basis,and apply the existing theoretical exploration and empirical analysis methods.It aims on sufficient extraction of the main problems existing in China's regulation of illegal fund-raising crime in online finance,and appropriate advice as targeted revolution.This paper first clarifies the risk characteristics of online finance,especially the risk of illegal fund raising crime.This crime is different from the same one in the offline financial mode.The investigation and regulation should follow special rule of online financial development.Meanwhile,any initiatives of impeding the progress of financial innovation is forbidden.Secondly,this paper focus on the special risk in the specific format of online finance.The group per to per purchase mode of crowd-sourcing platform may be used as a criminal means of fund-raising.The crowd-sourcing mode of equity may be used by illegally absorbing public deposits or fund-raising fraud by wantonly splitting shares and fraudulently selling shares.Although P2 P platform can only be used as an intermediary of loan information,the operators is seduced to carry out the crime of illegally absorbing public deposits by the pool of funds.Thirdly,this paper analyzes the present predicament of criminal law regulation.Although the regulation of criminal law is initially complete,the further improve to meet the appropriateness and avoid becoming the constraint of developing financial innovation is also needed.Problems such as overly broad constitution of a crime and lack of prepositive procedure affect the effect of criminal regulation.Of course,this paper also believes that,the current regulation of criminal law is Indispensable in legal basis?practical necessity and unique advantages.However,considering the innovative development of online finance,the strategy of sparing governance and balancing the conflict of interests referred among the platform.Finally,this paper advises that in the practice of regulating,the standards of crime should be strictly controled.The guide to apply the digital evidence should be established.At the same time,the administrative management should be carried out before the criminal law regulation in the disposition principle.In the long run,it is suggested to strengthen the interdepartmental information monitoring,early warning and disposal,to find the criminal activities in the budding state,and pay attention to realizing the balance of punishment in the practical disposal.Thecriminal asset recovery should be the key work,not only to maintain the healthy social and economic order,but also to protect the legitimate property interests of the people involved.