Characteristics And Criminal Boundary Analysis Of Crime Of Illegal Absorbing Public Deposit

In recent years,China’s financial innovation field has gradually deepened and strengthened its role in boosting private financing.P2P online loan industry,as a pioneer of innovation,has a huge impact on people’s production,and its development scale and speed also make other industries unsurpassed.More profitable P2P platforms abroad have encountered some problems in China,such as lack of credit of borrowers,irrational lenders,untimely market supervision,and imperfect domestic credit investigation system.These reasons have led to the disappearance of P2P platforms in China.However,the author believes that according to the economic development principles that China has always adhered to and implemented and the lessons of success in other countries,the private financing mediated like P2P platforms will not disappear completely.Such obstacles on the road to financial innovation will make our understanding of domestic problems clearer.When these problems are solved,China’s credit investigation system will be applied to industrial production and market supervision.Point-to-point capital financing products such as peer-to-peer(P2P)platforms will flood the market again.Although the P2P platform has disappeared,the legal risks it brings are still there.Reviewing the criminal risk involved in P2P platform,the Crime of Illegally Absorbing Public Deposits(Hereinafter referred to as “Crime of Illegally Absorption”)comes out first.Therefore,according to the data of the crime of illegal absorption,the proportion of the P2P industry in the crime is increasing year by year,and the "New Type" of Crime of Illegally Absorption is gradually formed,which is different from the past.In judicial practice,there are also the characteristics of typology and the corresponding theoretical controversies.Summing up the criminal rules of P2P platforms in the past five years is urgent and important.We can apply these rules to the cases that have not been decided yet,and also to the cases that may occur in the future,to promote the reasonable grasp of financial innovation and financial crimes.Therefore,this paper is divided into three chapters:The first part is the characteristics of the Crime of Illegally Absorption,writing in the first chapter named the summary of the Crime of Illegally Absorption on P2P platforms.The first section describes the development track of P2P platforms in China.P2P platform "thunder wave" caused a large number of applications of the Crime of Illegally Absorption.The second section,through empirical research on the data and information of 99 cases in the past five years,summarizes the performance characteristics of P2P platform suspected of Crime of Illegally Absorption,such as the large proportion of false publicity of the platforms involved in the case and the prominent "alienation" operation problem,the perpetrators have higher cognition of illegality,and most of them show the characteristics of joint crime.The second chapter is the criminal boundary of P2P platform operation mode.Firstly,it discusses the risks brought by the three dissimilation modes of capital pool mode,debt transfer mode and self-guarantee/related guarantee mode in practice.Then it analyzes the legal evaluation of platform behavior under various risk occasions,and draws the conclusion that the alienated operation mode does not necessarily constitute a crime.The third chapter is the analysis of the focus problems encountered in judicial practice,mainly choose two pieces to discuss.First,the identification of "disrupting the financial order" needs to be completed step by step.Judicial practice needs to retain the space of administrative governance,and focus on grasping the objective law of crime and non-crime from two aspects of "quantity" and "quality".The second is the identification of the scope of the subject of Crime of Illegally Absorption.One is that,in unit crime,through the salesman’s business scope and indirect intentional content,determine whether the salesman constitutes the subject of the responsibility of the unit.The other one is that whether the platform under the borrower’s illegal purpose becomes subject.