| P2P network lending is the development product of financial innovation,and its development is accompanied by the development of Internet technology,supported by Internet technology.Its essence is to realize the network loan between individuals through Internet technology.P2 P network lending has been developed in China for only more than ten years,but it is loved by the majority of investors because of its advantages such as low threshold,high return,flexibility and efficiency.On the one hand,as a development model of emerging financial innovation,P2 P network lending can enrich the investment channels of our people to a certain extent,enhance the liquidity of funds and increase people's income.At the same time,it can also alleviate the financing difficulties of small and medium-sized enterprises in China,and increase vitality for economic and social development.On the other hand,the development of P2 P network lending also brings great impact to the traditional financial industry,and brings new thinking and new challenges to the traditional financial industry.P2 P network loan,as an "import",develops on the basis of strong credit system and perfect financial system in foreign countries,and only does a simple online matchmaking function,while in our country,due to the imperfection of relevant laws andregulations,supervision system and supervision system are not perfect,in the process of development,some P2 P network loan platforms gradually deviate from the status of pure information intermediary,and evolve different mechanisms such as bond transfer mode,guarantee mode and so on.The "alienated" P2 P network loan platform has seriously violated the financial order,caused economic losses to investors and brought a lot of criminal risks by means of fictitious targets,setting up capital pools,platform self-financing and so on.Many P2P online loan platforms promise to protect capital and interest,attract investment with a high rate of return,and the direction of capital flow is unknown.These platforms may be suspected of constituting crimes of illegal fund-raising,according to whether they have the purpose of illegal possession,it can be divided into the crime of illegally absorbing public deposits and the crime of fund-raising fraud.P2 P network loan platform may also be suspected to constitute the crime of money laundering.in the process of operation,the source and flow of funds should be fully verified to avoid becoming a tool for criminals to launder money.Through the analysis of the above three crimes,make clear the limits of criminal intervention,crack down on illegal and criminal acts,protect the development of P2 P network loan platform,and maintain the financial and social order of our country.Criminal law,as the last line of defense to adjust social relations,should maintain themodesty of criminal law,rely on the pre-role of administrative law in the development of P2 P network loan platform,and regulate it in accordance with the law,supplemented by financial policy intervention.when the alienation platform changes from supervision to criminal offence,the punishment role of criminal law will be brought into full play.P2 P network lending as a new mode of Internet financial innovation,we should not give up eating for fear of choking,but should step up the formulation of relevant laws and regulations to regulate it,explore the healthy model of the development of P2 P network lending,and improve the application of qualification punishment.give full play to its positive role in the growth of China's market economy and financial industry. |
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