| P2P online lending is an innovative operation mode of Internet finance.It is an online lending platform that enables borrowers and investors to reach loan agreements with the help of the Internet.On the basis of learning from foreign P2 P operation modes,the number of P2 P online lending platforms in China has exploded in recent years with the rapid development of Internet finance.However,due to the short development time of this model in China and the imperfect laws and regulations,some lawbreakers used the platform to commit fund-raising fraud,causing serious losses to the public property and undermining the stability of the social financial order."Ezubao" case is a typical case of this kind.From June 2014 to December 2015,the platform used high profits as bait to illegally raise about 76 billion yuan from the public.After the case,it failed to pay nearly 40 billion yuan,involving 1 million people,and most investors could not get compensation for their losses.This paper first elaborates on the case of "ezubao" and the judgment result in detail,explaining the two disputes existing in this case,namely the determination of the purpose of "illegal possession" of the crime of fund-raising fraud and the determination of the amount of the crime.Through the analysis of the case,the author studies the determination of the purpose of "illegal possession" and the amount of the crime committed by the offender in this case,which indicates that the purpose of "illegal possession" and the determination of the amount of the crime occurred during the period when the offender raised funds through the platform.Finally,based on the understanding of the case,this paper expounds the necessity and prudence of special regulation of P2 P online lending by the criminal law,and puts forward three existing problems: the scope of attack of P2 P online lending is too large,the standard of incrimination is stiff,and the penalty setting is not perfect,and puts forward some Suggestions to solve the problems. |
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