| The booming development of P2 P online lending platforms has alleviated the contradiction between the financing difficulties of individuals and small and medium-sized enterprises in China to a certain extent,but the lack of effective regulatory agencies and normative guidance documents has led to the closure of tens of thousands of online lending platforms and the escape of senior management.This triggered a payment crisis and seriously affected social stability.Due to the inadequate supervision of P2 P online lending platforms in China,the untimely disciplinary action after the event,and the inadequate refund of funds,the crime of P2 P online lending platforms has exploded.We urgently need to further study the P2 P online lending industry,and strengthen the precautionary measures and criminal regulations in the case of clear criminal risks it may face.This article will reveal the current status of China’s current P2 P online lending development,possible risks and some problems reflected from the perspective of criminal regulations.Under the background of the era of encouraging Internet financial innovation,we need to find a suitable criminal law and administrative regulation path.This article analyzes the current judicial determination of crimes related to P2 P online lending platforms,and discusses them from four aspects,namely the main crimes,punishment standards,boundaries and differences between crimes,and regulatory issues.Regarding the crimes involved in P2 P online lending platforms,we should propose solutions from both the judicial and regulatory levels.Regulations on crimes related to P2 P online lending platforms should remain modest in legislation.Judicial attention should be paid to the collection and arrangement of electronic evidence,and the use of qualifications to purify the industry.In terms of regulatory response,attention should be paid to entry thresholds and risk control to build a buffer zone for online loan crimes. |
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