Research On Criminal Law Of P2P Net Loan

P2P Net loan appears at the beginning,Its low entry threshold,low regulatory policy and low industry standards have caused a lot of chaos.Theoretical or Practical has questioned that operation mode of P2P Net loan is suspected of criminal offence.Such as suspected illegal absorption of public deposits and other fund-raising crimes.In practice,many executives of P2P online loan companies were investigated for criminal responsibility on suspicion of illegally absorbing public deposits.There is no doubt that the mixed social phenomenon of P2P Net loan needs the intervention of criminal regulation,However,the lack of supporting measures of criminal laws and regulations with too low threshold for entry into crimes can easily lead to the excessive involvement of criminal law.In a sense,the degree of criminal law's interference in society is the touchstone of a country's civilization of rule of law.After many great controversies,such as the case of sun dawu and the case of wu ying and the case of sun chengjie,private finance finally achieved the policy status of co-existence with official finance through constant game.P2P Net loan now that can fully integrate the society miscellaneous spare funds,absorb operating capital for the borrower and obtain higher profit for the lender,as long as illegal behaviors such as high-interest lending are controlled,such Internet financial platforms are a sharing economy model beneficial to the circulation of private funds.However,it is a pity that the expanded use of the Illegal collection of public deposits denies the legal existence of private finance to a large extent and is not conducive to the revitalization of social economy.This paper is divided into four chapters.The first part of this paper briefly introduces the concept and development of P2P Online loan platform,summarizes the common existing modes of domestic platforms,and conducts in-depth criminal risk analysis.In China,the P2P Online loan platform,like most of the other foreign transplant,will undergo a huge chemical fission reaction once it comes into contact with different forms of society,from the original pure platform model of brokering loan transaction intermediary to the complicated and diverse debt transfer model of providing risk guarantee.Under the diversified development situation of the platform,it is important to deconstruct the criminal risk.In short,the platform has certain criminal risk mainly in publicizing the formation of the capital pool of high rate of return promise.In the second part of this paper,the empirical analysis of the criminal crime in the P2P online loan case is made to reflect on the existing problems in the current criminal regulation through typical cases,which mainly includes the thinking of the traditional judicial recognition standards and the analysis between this crime and that crime.In this chapter,20 typical cases occurred in the past three years are collected and screened.Through reading the judgment,the characteristics of the cases are summarized and summarized,and the path of conviction of incriminating thinking in judicial practice is presented in the form of charts.Article third part of the fourth part tries to on the basis of the empirical analysis on the crime of illegal absorb public deposits deconstruction reconstruction,in order to achieve the specification conviction path to improve the threshold into sin,making the financial order specific explicit protection by this crime,in order to define the network behavior into the crime boundary,which prevent the public power intervention in the economy too much freedom.Articles about the third part focuses on P2P network platform case study of the application of the Illegal collection of public deposits concept,from the Angle of view of administrative criminal law into the of crime secondary illegality theory reconstruction,the Illegal collection of public deposits to enhance the depth and breadth of theory,thus in the concept of limit of the cases it in the Internet platform.On the view of entering criminal law,from the original view of the interests of order law under the standard of financial management to the view of transaction security under the market economy,the relationship between formal illegality and substantial illegality should be rationalized.Facing the net credit field cohesion on the issue of administrative responsibility and criminal law in the present situation of the blank,can be based on strong financial crime administration attribute,emphasizes the fundamental and improve the financial legal system,the administrative illegality as the first level judgment and judging criminal illegality as the second level,the second level judgment depends on the first level of judgment,so as to influence the way the criminal law intervention in the financial sector and scale,prompting of illegal absorb public deposits narrowed the applicable to the crimes of dogmatics path.The fourth part of this paper is based on the third part of the content of the network platform case of illegal absorption of public deposits of the specific path to limit.This argument focuses on the subjective and objective aspects of the three types of crime,with the intention of clarifying the boundary between crime and non-crime.First of all,from the reason of restriction and reduction,to clarify the history and reality of the crime,and private lending entrusted financial management for the distinction between crime and non-crime,and then from the purpose of illegal possession of the subjective exclusion of the word illegal to the objective limit and reduction of the word illegal to judge the four aspects of the crime of the amendment of the four aspects of the specific elements of the analysis.In detail,by clarifying the judgment method of the purpose of illegal possession in practice,this paper summarizes and analyzes several complicated subjective identifications.Through the explanation of the deposit,the standard for determining the administrative violation is clarified,and the crime is interpreted as a specific dangerous crime from the actual offender.Not perfect under the background of the domestic front method,through illegal original hazy coat,from the financial law and criminal law researches in two levels,and put forward on the basis of the provisions of article 11 of the commercial banking law,and supplemented by network borrowing information intermediary business management interim measures such as financial management regulations on illegal precedent screening.In a word,the role of criminal law in the compliance of online loan platform is not fixed.Part of the illegal business belongs to the financial innovation under the defect of the financial system.It has certain extensibility and can be guided by the regulatory department.However,some illegal businesses have great financial risks and seriously disrupt the order of financial management,which is beyond the scope of administrative regulation and should be included in the scope of criminal law regulation.As for the judicial organ,it should give full play to the punishment and regulation function of the criminal law for the fact of illegal fund-raising in the name of platform.However,in addition to the above circumstances,judicial organs should uphold the principle of modesty and suppression of criminal law,reject the judicial inertia,timely change the backward judicial concept,and reasonably divide the boundaries of criminal regulations on illegal absorption of public deposits by network loans,so as to ensure the reasonable living space of network loans.