The Research On The Criminal Regulation Of P2P Network Loan

P2P network loan is a new financing model developed in the Internet era and it is a model innovation in the financial field.The model originated in England and spread to China after a period of development abroad.At the beginning of P2 P network lending in China,it provided a new financing way to alleviate the loan difficulties of small and medium-sized enterprises,and also met the diversified investment needs of Chinese investors.For a long time,P2 P network lending platform has been growing in a regular pattern nationwide.However,due to the lack of specific laws and regulations and effective administrative supervision policies for P2 P network loan in China,the frequent occurrence of fund chain break,the person in charge of carrying funds and running away in the development process of P2 P network loan has caused great property losses to investors and disturbed the market financial management order.For these illegal behaviors of P2 P network loan which have serious social harm,the criminal law will intervene to regulate them.But at present,under the high-pressure situation of fighting against illegal fund-raising crimes,the scope of attack on P2 P network loan has been expanded.The criminal law has improper regulatory path for P2 P network loan,which has suppressed the development of innovative economy of P2 P network loan.This paper includes three parts.The first part defines the concept of P2 P network loan and points out the differences between P2 P network loan and traditional loan.This part summarizes the characteristics of P2 P network loan through its concept.Then through the elaboration of the development reason of P2 P network loan,it mainly analyzes the specific behavior mode in the current P2 P network loan platform operation in China.The two part mainly discusses the specific charges involved in the judicial practice of P2 P network loan.Combined with the real cases collected by the author,this paper focuses on the identification of "illegality" in the crime of illegally absorbing public deposits under the current criminal law system,and the identification of "purpose of illegal possession" in the crime of fund-raising fraud.It is concluded that there are some problems in the regulation of P2 P network loan in criminal law,such as too wide scope of attack,fuzzy boundary between misdemeanor and felony.The three part mainly aims at the problems mentioned above.From the perspective of the principle of modesty and restraint that should be abided by in the regulation of P2 P network loan by criminal law,and that the regulation of criminal law cannot suppress the development of innovative economy,it discusses that the regulation ofP2 P network loan by criminal law should maintain the necessary limit,and should not be severely cracked because P2 P network loan has potential criminal risks,so as to hinder finance Innovation.In addition,this paper limits the criteria of "illegality" and "purpose of illegal possession" in order to realize the application of the limitation of the crime of illegally absorbing public deposits and fund-raising fraud in judicial practice.In order to achieve the goal of not suppressing financial innovation,but also accurately cracking down on the illegal P2 P network loan crime.