An Empirical Study On Judicial Application Of P2P Lending Crimes

P2P lending as a blend of the Internet and traditional folk lending,entirely by the market of financing from bottom to top,in the past few years the development of the far beyond many people initially expected and imagine,many entrepreneurs and investment consulting companies in the field,build a platform to mount guard,in the absence of effective regulation and policy guidance,network lending industry "spontaneity" and "grassroots" inevitably appear many including illegal fund-raising,fraud and "closed platform,volume run road" of the illegal crime problem.In the judicial practice of P2P online lending crime,there are differences in case characterization,crime standards,accomplice scope,unit crime and other aspects of the understanding of the differences and different judgment standards,sentencing results vary greatly.Net public written judgment of guangdong province in China based on P2P lending crime 59 effective judicial documents as sample,through empirical analysis and research,from the development trend of sample data,geographical distribution,of the type and number of charges involved,crime number and identity,the specific punishment amount involved and the harm degree,through data,chart,graphic,a more intuitive way has carried on the empirical analysis,lending to refine the network crime of four kinds of main behavioral patterns,Find out the present situation of court cases into sin standard not unified,the crime of illegal absorb public deposits and fund-raising fraud boundaries are not clear,the seriousness of different sentencing results differentiation is not obvious,the main body scope of liability is too big a few questions。Aiming at the problem existing in the practical case,puts forward some Suggestions to perfect,there can be no business qualifications,not a specific public as an object,and focuses on how to determine "for the purpose of illegal possession" is an important factor,In addition,it proposes to establish the sentencing standard of "amount of fund raising,number of victims,amount of loss + circumstances".Meanwhile,it also puts forward some personal thoughts and Suggestions in view of the scope of the subject of crime,the identification of unit crime,and the identification of principal and accessory criminals,so as to provide certain reference for the judicial application.