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Research On Criminal Law Application Of P2P Online Loan Platform For Illegal Fund Raising

Posted on:2021-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2506306095462344Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China’s network economy has been widely and fully developed in recent years.P2 P network loan industry as an elite member,is considered an important part of Internet finance.Compared with traditional financial institutions,P2 P online lending can be flexible to solve some of the more traditional financial weakness problems,such as its small micro-enterprise financing problems can be considered as great.In response to this new economic form,the State Council has issued scientific guidance for the P2 P online loan industry,which not only reaffirms the role of Internet finance in promoting economic growth,but also to raise illegal funds in the development of network financing It also clarifies warning opinions on risk.The number of cases involving criminal law is increasing in the online lending platform from the point of view of the perfect partner,but the application of criminal law has legal and reasonable problems.In theory,the Internet’s research on P2 P lending also lacks research types and systematic thinking on economic crime interventions,so it is necessary to study the application of criminal law in P2 P punishment for online lending crime.In this paper,over the past two years,75 cases have been extracted online from the Chinese adjudication paper as a research sample,and the above samples were analyzed according to the characteristics of the platform,the direction of funding and the consequences of the application of penalties for crimes.Goes so that necessary data support can be provided.On this basis,this paper combes through the current relevant criminal law application issues,aiming to counter some countermeasures.With a view to creating a long-term and appropriate industry development mechanism and criminal law application mechanism,and thus promote the P2 P network lending industry sustained and healthy development.This article is divided into four parts to discuss the article.The first part mainly discusses the basic concept of the P2 P network lending model and the concrete embodiment of its isolation model.First,it discusses the definition of the concept of P2 P network lending,then analyzes the basic features of the P2 P network lending model,and finally the different models and forms of problems and the problems they bring.The second part is mainly for P2 P network debt segregation behavior in the current stage may apply to the status quo of crime.This part uses the method of empirical analysis through analysis of sample extraction to draw the main conclusion of the crime.These include the illegal absorption of public deposits,the crime of fraudulent raising of funds and the crime of illegal operations.The crimes involved in the segregation forum are uniquely evaluated,so that the following text provides a context for the discussion of the application of criminal law.The third part is the analysis of the application of P2 P platform segregation criminal law in current practice,and on the basis of combing and extracting samples,the problem of the application of crime is analyzed.Including the problem of the extent of the crime,the issue of objective attribution,and the question of the application of the related crimes,based on this premise to execute the following correct discussion.The fourth part proposes to prove the criminal law of illegal fund-raising crime of the P2 P model in China.This is also the most important part of this article.This mainly includes a strict understanding of the Criminal Law Intervention Standard,prior process of correct criminal law application and appropriate application of related offenses.
Keywords/Search Tags:P2P net lending, illegal fund-raising, The crime of illegally absorbing public deposits, the crime of fund-raising fraud, the crime of illegal operations
PDF Full Text Request
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