Research On Criminal Compliance Of Internet Financial Platform

Internet financial platforms are changing rapidly and have a huge impact on the economy and society,but they are also accompanied by uncertain legal risks.Due to the decentralized operation mode of the platform,it brings many regulatory challenges,for which legal governance is a difficult task.At present,corporate compliance,which is widely concerned by the community,is an effective solution to the governance of the platform.The phenomenon of Internet financial platforms involved in crime has led to the research topic of criminal compliance.In fact,criminal compliance has become a key component of corporate compliance from pilot to practice.How to avoid and prevent platform violations,and at the same time,make the violating platform reasonably survive through compliance construction,is a major topic that both theory and practice should pay attention to.In view of this,this paper adopts interdisciplinary research,doctrinal jurisprudence and other multifaceted research methods based on the comprehensive use of multiple perspectives such as criminal law to develop a panoramic view of the doctrine,claims,norms,operation,philosophy and perfection path of criminal compliance of Internet financial platforms.Compared with traditional financial service platforms,Internet financial platforms are financial business service platforms that use Internet communication and communication technology and relevant Internet information interaction means with a view to achieving capital turnover,delivery,information dissemination and asset investment management.Internet financial platform criminal compliance,as a creative application of corporate compliance in this emerging field,is closely related to the historical evolution of compliance and criminal compliance.This criminal compliance has a unique system structure,and under the guidance of theories such as positive general prevention theory and transformation of crime governance model,it has rich meanings in terms of program content and effectiveness criteria.At the same time,it should be seen that to explore this criminal compliance,it is necessary to first recognize the association between crime involved and compliance.According to the empirical analysis,it is found that the scientific setting of criminal compliance in the application of Internet financial platform operators involved in crime cases is beneficial to the "honest and unfortunate" platform to bring judicial benefits,and has been confirmed by the pilot work.Therefore,it is necessary and feasible to use criminal compliance to correct the crimes involving the platform,which can moderate the legal risk of crimes involving the platform operators,limit the expansion of criminal attribution of Internet financial crimes,and promote the benign and global development of the Internet financial industry.As a fact of the system,the criminal compliance of the Internet financial platform should be based on basic legislation and policies as a prerequisite.It is necessary to explore the two dimensions of legislation and policy respectively.In terms of legislation,it is divided into two aspects of substantive criminal law and criminal procedural law.At the criminal law level,criminal compliance should fit in with and be bound by the national criminal law theoretical system.From the perspective of criminal legislation,criminal compliance as a justification has become the legislative practice of many countries outside of China.At the level of criminal procedure law,criminal compliance is an internal control mechanism to internalize a country’s legal norms for crimes involving Internet financial platforms,and criminal procedure law occupies an important position in the normative system.The provisions on criminal compliance are mainly reflected in the non-prosecution system and the plea leniency system,and the criminal compliance construction needs to be combined with these two systems for construction.In terms of policy basis,the criminal compliance of Internet financial platform has a strong policy orientation.Combined with the industry policy and criminal level,has gradually formed a "state-enterprise" cooperation in the field of crime prevention pattern,which is the distinctive value of national policy.Criminal compliance of Internet financial platforms is a system exploration with both benefits and challenges.Although the positive benefits are obvious,the current challenges are not negligible.In short,Internet financial platforms not only need a normative perspective,but also rely on a realistic examination.By looking at the basic situation and focusing on the vivid Internet and offline fields,the real dilemma faced by them can be revealed.The issue can also be examined separately from both the substantive and procedural arenas.In the entity,how criminal compliance applies to different Internet financial platforms respectively,the specific objects of application,how to make out-of-crime evaluations,and systematically make misdemeanor evaluations are all difficult issues that need to be resolved.And in order to deal with the thorny issue of platform involvement in crime,there is no way to bypass reasonable judicial procedures.From the perspective of criminal procedure,criminal compliance is manifested as the configuration and response of criminal judicial power.On the one hand,criminal compliance has difficulties in the configuration of prosecutorial power.For example,there are difficulties in criminal compliance not to prosecute and criminal compliance of plea leniency.On the other hand,there are also difficulties in the allocation of trial power in criminal compliance.At present,the external pressure on the trial authority to participate in criminal compliance and the trial method to participate in criminal compliance are worth improving.In order to promote the benign operation of the Internet financial platform criminal compliance,should be targeted to put forward systematic improvement measures to achieve the goal of effective development in the rule of law track.Before that,the value concept of capital compliance attributes and basic principles must be started to create a duality pattern of the state and the platform to promote in concert.Specifically,this criminal compliance construction is driven by both internal and external factors,i.e.,the self-management of criminal risks within the enterprise and the external incentive at the state level.On the one hand,it is necessary to promote the improvement of the legal system at the national level,and lead the completion of the system through the positive incentive and responsibility attribution in criminal policy.On the other hand,mutual fund platforms should develop effective internal autonomous compliance plans and continuously explore business management models that suit their own characteristics.Through the public-private collaboration between the state and the platform,the system will be built around financial compliance,technical compliance and offline compliance respectively to promote a broader development prospect for the system.