Criminal Law Definition Of Internet Illegal Business Behavior In The Financial Field

With the in-depth application of information technology in the financial field,endless financial technology innovations have had an impact on the traditional financial regulatory system.Our country’s existing financial crime system is unable to regulate network illegal business activities in the financial field,which has led to my country’s financial market chaos and high incidence of financial crimes.Through the analysis of related concepts,this article defines network illegal business behavior in the financial sector as: market entities(mainly banks)use the Internet as the main media venue for the purpose of profit,illegally related laws and regulations repeatedly and continuously provide deposits,loans,intermediaries and other financial services activities.Compared with traditional financial operations,network illegal operations in the financial sector have the characteristics of cross-temporal,diversified subjects,complex legal interests,complications of joint crime and alienation of behavior patterns.This article analyzes a case in S City,H Province,and found that the complexity of such behaviors makes it difficult to be accurately determined.For the purpose of combating,they are often charged with heavier crimes.application of charges are inaccurate,legal,political,and economic effects are all poor.Network illegal business in the financial field behaviors exist,risks are highly concentrated and difficult to identify;dividing the criminal law and administrative law are difficult;identification of charges is difficult and other issues.In order to solve the above problems,it is the basis for the accurate definition connection standard of administrative law and criminal law for such behaviors.In terms of illegality judgment,the " quality and quantity difference theory" should be adopted and the criminal law should be independent of the criminal law.At the same time,the internal consistency of the legal system should be taken into account.The regulation of illegal network operations in the financial sector should proceed from the standpoint of active governance,give full play to the prevention functions of the criminal law,and build a complete criminal governance chain of pre-warning,interruption in the event,and attack after the event.Regarding criminal policies,it is necessary to make specific interpretations of the “Leniency and Strictness” criminal policy in combination with specific financial policies,pay attention to the exceptional application of the “Leniency and Strictness” criminal policy,respect network financial innovations led by market mechanisms,and do not lightly to criminalize such business behaviors,leave enough free space for the innovation and development of network financial economy.The establishment of a reasonable standard of incrimination requires discussion on the protection of legal interests and behavioral methods.The legal interests protected by financial crimes are moving from a unified structure of "order" to a dual structure of "order,rights and interests." Behavioral methods can be divided into two levels and five categories,according to whether there is a business purpose,it is divided into fraud and business categories.The business categories are further divided into four categories,absorption of funds,loan issuance,intermediate services and data security.Fraudulent behaviors mainly involve the crime of fundraising,absorption funds behaviors mainly involve unauthorized issuance of stocks,illegal business crimes;loan-issuing behaviors mainly involve illegal business crimes,illegal absorption of public deposits,and usury on loan crimes;intermediary service behaviors mainly involve illegal business crimes,money laundering crimes and false advertising crimes;data security behaviors mainly involve crimes of infringing on citizens’ personal information and crimes of refusal to perform information network security management obligations.In view of the difficulties in the application of traditional criminal law theories in regulating Internet financial illegal acts,theoretical "sublation" should be carried out.In the determination of omissions,a substantial judgment should be made on the omission obligation of the network financial platform operator;in the determination of accomplices,should Adopting " Behavioral Common Theory ",emphasizing the independence of accomplices,weakening the subordination of accomplices,and correctly appraising the harmfulness of assisting offenders,especially technical assisting offenders;in determining the fault of the victim,it is necessary to classify and deal with the characteristics of different financial participants.