On The Application Of Criminal Law Concerning P2P Lending

In recent years,P2P network lending as an emerging industry integrating financial and Internet,get a quick and brutal growth,it played an important role in alleviating financial difficulties and improving the economic returns of investors,for SMEs and the general consumer.However,under the premise that Internet finance has not yet established strict regulatory measures,P2P network lending can easily exceed the criminal law bottom line.Its illegal financing is easy to trigger financial crimes,business illegal expansion is easy to constitute illegal business crimes,and lack of funds supervision can easily lead to misappropriation of funds.So,in the face of emerging things like P2P network lending,there are many problems in criminal governance centered on the criminal law system.It needs to be reflected from the perspectives of criminal law function,economic crime punishment concept and national governance concept.This article believes that,for governance P2P crime,we should adhere the basic concepts of criminal governance such as Principle of Necessity,effectiveness of penalties,Integration of execution,Repair of damage,application of reducing related crimes,establish a penalty system for light punishment,improve The Connection Mechanism between the execution and Criminal and civilian.For the charges related to P2P,domestic academia has the following main points of view: P2P online lending first faces the criminal legal risk of the crime of illegally absorbing deposits from the public.Some P2P online lending platform companies surpass the role of intermediaries and directly raise funds from the public in the image of financiers,which is likely to meet the requirements of the crime of illegally absorbing public deposits stipulated in Articles 1 and 2 of the Interpretation of Illegal Fund-raising.If P2P network lending company uses fraud method to absorb funds for the purpose of illegal possession in the process of raising funds,once the amount is large,it will further evolve into the crime of fund-raising fraud.If the borrower of funds in the P2P network lending platform makes false financing for the purpose of illegal possession,it may constitute the crime of fraud or contract fraud.Most domestic scholars believe that it is possible to improve the conditions of conviction as much as possible when regulating the illegal acts related to P2P network lending,including implementing the spirit of mitigated criminal policy when standardizing and applying penalties,using as little or as little free penalty as possible,and using more penalties such as fines,qualification penalties and non-penalty methods.Even based on the concept of misdemeanor,formulate the norms of misdemeanor,including a good connection between administrativepunishment and criminal punishment.For the special renovation of P2P network loans,we should adhere to the multi-pronged comprehensive governance model,pay more attention to pre-admission,daily supervision and inspection,and self-correction of the industry,promote unconventional P2P institutions to clean up their creditor's rights and liabilities in an orderly manner,including through mergers,restructuring,transfer and other means to achieve risk-free and benign exit,minimize the impact on the entire industry,and effectively protect the legitimacy of investors.Rights and interests.At the same time,based on the long-term,we will study and establish a long-term regulatory mechanism for P2P online lending.The relevant competent authorities shall promptly transfer the institutions suspected of illegal fund-raising and fraud to the judicial organs and deal with them in accordance with the law.Criminal regulation will continue to play an irreplaceable role.This article holds that in the next step of the rectification work,the criminal justice department should pay more attention to the comprehensive effect on the basis of dealing with the problem institutions and illegal and criminal acts in accordance with the law and regulations,and intensify the crackdown on such acts as malicious debt evasion,extortion from the media,and "running away" of institutional operators;strengthen the recovery of debtors,protect legal and effective creditor's rights contracts,and Debtor information should be incorporated into the credit information system,and disciplines for dishonesty should be established so that "lao lai" can not hide,and the arrest of fleeing persons should be increased;malicious speculation,rumors and incidents,and self-Media that disrupt financial order should be severely investigated and punished.