Research On The Judicial Recognition Of The Crime Of Illegal Absorption Of Public Deposits By P2P Online Loan Platform

Currently,there is no unified definition of P2 P online lending platform,and under the existing legal framework,P2 P online lending platform is positioned as a financial information intermediary service institution.With the rapid development of P2 P lending platforms,there are many platforms suspected of crimes.In judicial practice,most of them are convicted and punished for the crime of illegally absorbing public deposits and the crime of fund raising fraud.Among them,the crime of illegally absorbing public deposits is the most common.However,there are many disputes in theory and practice about the crime of P2 P lending platforms illegally absorbing public deposits.In view of this,this paper puts forward the first case of the crime of illegally absorbing public deposits by P2 P online lending platforms,and analyzes the characteristics of the crime of illegally absorbing public deposits by P2 P online lending platforms.Meanwhile,based on the judgment documents of the crime of illegally absorbing public deposits by P2 P online lending platforms in the past three years,the data of conviction and sentencing are counted.Based on the empirical analysis,this paper points out the main problems in the judicial determination of the crime of P2 P lending platforms illegally absorbing public deposits.It mainly includes the determination of the crime of illegally absorbing public deposits and non-crime,the boundary between the crime of illegally absorbing public deposits and the crime of fund-raising fraud,the determination of the crime of natural person and unit,the determination of the crime of P2 P online lending platform and the borrower’s accomplice in joint crimes,the determination of the principal and accomplice,the determination of the amount of illegally absorbing public deposits,etc.Finally,it puts forward practical Suggestions on how to improve the judicial determination of the crime of illegally absorbing public deposits by P2 P online lending platforms in China.For example,it will follow the principle of criminal law modesty and establish the concept of effective punishment.It adopts the standard combining form and substance to identify crimes,takes "unit will" and "unit interest" as the standard to identify crimes committed by a unit,strictly limits the scope of joint crimes,correctly distinguishes the principal and accomplice,and further defines the scope of the amount of crimes.In addition,the determination of "illegal possession for purpose" is analyzed from the perspectives of "use meaning" and "exclude meaning".