| The essence of Internet financial is folk financial network. Its innovative financial mode, at the same time, to promote the development of economy has also spawned a series of illegal crime risk, provides a breeding ground for the criminal behavior of soil. Under the policy of financial monopoly, the criminal law punishes mercilessly on the Internet in the field of financial behavior of suspected of illegal absorb public deposits, etc. The way of control by severe punishment is related to the lack of special legal norms in the Internet financial industry. But in consideration of the Internet financial innovative, criminal law should keep restrain and maintain tolerance on the Internet on the regulation of financial crime. And we should protect normal folk financial activities, to escort the healthy development of the Internet financial.This paper, besides introduction and conclusion, is divided into five parts altogether.Part 1.Problem posingThis part is based on two typical criminal cases in the field of Internet financial derivation. First of all, making a brief introduction about the "Oriental surrender" and "treasure investments"; Secondly, suggesting the emerging field of illegal crime increased risk by analyzing the Internet financial mess, to proved the criminal law shall be timely intervention; Finally, putting forward the problem that how to correctly use criminal law to crack down on Internet financial crime, and building an effective path of criminal law.Part 2.The basic model of the Internet financialThis part mainly describes several financial innovation model of the current Internet. Firstly, the financing model. I will introduce P2P network and raise two types. Among them, the passage mainly expounds the P2P network leading and the raise pattern, type, operation process, the concept of the origin, development process in our country, and the reason, positive, etc. Secondly, financial management mode. The paper mainly analyzed the characteristics of fund products, development in our country, and the meaning of financial markets, etc. Lastly, payment mode. I will elaborate the definition, function and illustrate the concrete development and potential unsafe factors.Part 3.Internet financial crime risk involvedThis section analyzes the four possible types of crimes from the perspective of the financing and payment mode, including the cognizance of the crime of illegal absorb public deposits in the financing standard and specific behavior, raise the cognizance of the crime of fraud of the conditions and the "treasure investments" in parsing the main types of behavior of the crime of laundering, payment mode, the main way of fraud in crime of fraud of the credit card, etc.Part 4.Review the rationality of the Internet financial crimeThis part tastes the criminal policy as the foothold, and emphatically analyzes the rationality of the Internet financial criminal law regulation. I would discuss the two angles of made sin logic and regulation limits. Made sin logic includes the legitimacy of the logic, the rationality of the "after" sin to rules, the relationship between modesty and the "Twice Lawbreaking" concept of the criminal law; Regulations limit angles includes serious social harmfulness, the rationality of illegality, disturb the order of financial management and other standards.Part 5.Internet path of criminal law regulation of the financial crimeThis part, I will put forward two suggestions from two aspects. On the one hand, it is suggested that apply "Twice Lawbreaking" guiding idea correctly which fully considering the Internet financial innovation significance, limiting judicial interpretation applicable scope and determination of administrative problems, paying attention to the Internet financial risk; On the other hand, it is suggested that improve the criminalizing threshold of the crime of illegal absorb public deposits, fund-raising fraud to crack down on the Internet platform to implement crime by concentrate on judicial resources. |
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