Alienation Of P2P Network Lending And Its Criminal Regulation

P2P Internet lending is a new thing in Internet finance under financial innovation policy,but P2 P network lending is development rapidly,its business model is alienated,under the influence of financial easing and administrative tightening,P2 P network loan alienation behavior and China's current criminal law on illegal fund-raising behavior exists coincidence,there is a greater criminal risk.Article 10 and Article 13 of the Provisional Measures for the Administration of Business Activities of Network Lending Information Intermediaries,as the only existing code of conduct for the P2 P of network lending,provide respectively in the form of negative lists for twelve types of prohibited acts of P2 P network lending platforms and four types of prohibited acts of borrowers,while Article 40 stipulates that violation of the prohibited provisions constitutes a crime and shall be convicted and punished according to law.It leads to thinking about the "secondary illegality" of the administrative offender and whether the possibility of infringement of legal interests is missing.As to the alienation of P2 P network loan,we should distinguish the boundary between crime and non-crime from two aspects:form and substance.In form," illegality " is the determination of administrative illegality,which must be based on " laws and regulations of national financial management ".In essence,it needs to conform to the essence of illegality,that is,the possibility of infringement of legal interests.The ultimate goal of financial management order is to ensure the public's capital security through the orderly flow and financing of funds,and then to judge whether the possibility of legal interest infringement is and to what extent.It is necessary to make a double judgment on whether the alienation act is a crime in accordance with the above prohibition.Even if according to the traditional determination that the elements of financial crime can not perfectly fit the new problem of Internet financial crime,but when the legislation is not perfect,we should adhere to the principle of modesty of criminal law,P2 P present crime elements of the crime involved in the alienation of network lending and lending should be reasonably explained and limited,and judicial application should be carried out within thelegal scope of crime and punishment.Therefore,it is necessary and urgent for the development of financial innovation to find a balance between the development of financial innovation and the necessity of criminal punishment,to distinguish between the crime and non-crime of P2 P network loan alienation and to perfect the criminal law regulation.