Research On Criminal Regulation Of P2P Network Lending Crimes

In recent years,P2P online lending has developed rapidly thanks to increasingly advanced Internet technologies and has attracted the attention of people from all walks of life.P2P(peer-to-peer or person-to-person),that is,person-to-person.P2P Internet lending is a typical example of Internet finance.By integrating Internet technology with traditional lending industry,it is more convenient and quicker than bank financing and traditional private lending,which greatly improves the efficiency of capital allocation,stimulates the market,and promotes investment.However,everything has a two-sided nature.Because its development can not be separated from the Internet,resulting in the virtual nature of P2P online lending,there are many legal risks and hidden dangers.With the e-lease,Oriental Ventures and other P2P online lending platforms suspected of illegally absorbing public deposits,fund-raising fraud and other criminal cases,especially the recent "Qianbao net controller Zhang Xiaolei surrendered" incident,making a lot of public property Loss,social influence is extremely bad.As P2P online borrowing is an imported product,China's development is not yet mature.Laws and regulations have not made timely and reasonable mandatory regulation on the issues arising from its further development.Eventually,the P2P online loan platform leader in China "runs the road" and raises funds for fraud.The number of criminal cases such as the illegal absorption of public deposits has been increasing year by year,and many P2P online loan platforms continue to innovate in business models to step on criminal "high-voltage lines",disrupting the market economic order and affecting the healthy development of the P2P online lending industry.According to the sample analysis of the judgment documents related to the P2P online lending crime in China in recent years,we can see that there are many problems in the regulation of P2P online lending in China:The current criminal policy is not conducive to the development of the current financial innovation;there exists between criminal legislation and administrative regulations.The lack of coordination,the incriminating standards are too rigid,the penalties are not scientific,and the judicial crackdown is too large.This requires that while criminalizing P2P online lending,we must maintain balanced development with financial innovation,adhere to the criminal policy of financial transactions and the criminal policy of comprehensive governance,and strengthen the coordination of criminal legislation and administrative laws and regulations in legislation.We must reduce the adjustment of related crimes and adjust the penalty system.At the judicial level,we must actively explore specialized case handling mechanisms and implement case guidance systems.