Research On Criminal Regulations Of Illegal Fund-raising Behaviors Of P2P Online Loan Platforms

The rise of P2P network lending relies on Internet information technology.As a new financing method,its operation mode is different from the traditional private lending mode,with unique advantages,which provides a shortcut to solve the financing needs of individuals and private enterprises.The demand in the market makes the financial model of P2P network lending develop rapidly,but at the same time,due to the lack of targeted legal regulations and regulatory measures,some P2P network lending platforms have broken through the role of traditional information intermediary,and started to use their own convenience for illegal fund-raising,which is easy to violate the crime of illegal fund-raising.The author chooses this topic to conduct a more in-depth study on the behavior of P2P network loan platform financing,and to explore a reasonable regulation path that will not inhibit the development of Internet financial industry.On the one hand,we should take reasonable measures to regulate the behavior of P2P network loan platform,on the other hand,the regulation should not exceed the necessary limit.This paper starts with the dissimilation mode of P2P network lending platform,from the operation mode of the platform,the possible charges involved,the defects of criminal law legislation and how to regulate,etc.,the full text is divided into four parts:The first part describes the meaning,nature and origin of P2P network lending platform,and briefly introduces the difference between traditional P2P network lending mode and alienated network lending mode.Further expand the problem of illegal fund-raising caused by the alienated P2P network lending platform.In the second part,through two typical cases,the author discusses in detail the crime of illegally absorbing public deposits and the crime of fund-raising fraud which may be involved in the operation of P2P network lending platform,as well as the criminal risk caused by the illegal fund-raising behavior of the platform.This fully proves the necessity of criminal law's involvement in P2P network lending platform's fund-raising behavior.The third part analyzes the dilemma of the current regulation of the illegal fund-raising crime of P2P network loan platform,including the excessive involvement of criminal law,the legislative defects of criminal legislation,and the unscientific penalty setting.The fourth part puts forward the measures to improve the criminal law regulation of P2P network lending platform,and holds that in the field of illegal fund-raising crime of P2P network lending platform.The criminal law should make clear the boundary between the crime and non crime of online loan platform and clarify the criminal elements of the related charges of illegal fund-raising,abide by the principle of criminal modesty,and improve the penalty settings.