Theory Of Criminal Regulation Of The Behavior Of P2P Net Loan Platform In China

P2P network credit platform is one of the patterns in the development of the Internet finance in our country, there are four main transaction modes in our country at present, that is, the pure online unsecured transaction mode, the offline mode, combining the online mode, online security model. In fact, the nature of the platform should have been a " Information intermediary of the Network lending", but in the process of the development in our country, its nature has happened gradually alienated.P2 P network credit platform itself is intrinsic to the extensively of its participant objects, socialization of information dissemination, as well as the low barriers to entry of the standard and the networking of the way which the two parities of the deal are involved in, ect. Once the P2 P network lending platforms’ bosses run away or intend to frauding the investors, it will make a lot of public and private property losses, thus give rise to extremely bad social impact. But from the point of the current situation in our country, there is no specialized law or other normative documents and compulsory regulations which are aimed at the the problems during the development process of the P2 P network credit platform, which leading to the problems such as the "fleding of the company(owners)", fraud, illegal financing, these platforms number and the proportion are also increased year by year in our country, the P2 P network platform enterprises frequently offend illegal business, fraud, illegal fund-raising, and other criminal "high tension line". Therefore, in order to guarantee the healthy and orderly development of P2 P network lending platforms as well as maintain the stability of our financial order and protect the public property safety, it is necessary for the implementation of the essential criminal regulation to combat the delinquents to use platform to implement illegal and criminal behaviors. However, although at present there are a series of problems in the development of the P2 P network credit platform, which we cannot therefore write off its important role in promoting China’s financial industry and the increase in economic as well as social development. While implementing the criminal regulation, we must stick to the basic principles of criminal law’s austerity and principle of a legally prescribed punishment. In the process of judging P2 P network platform involving crime cases, we must adhere to the "secondary illegality" principle as well as the gradually lighting of punishment penalty and the hysteretic nature of law, and at the same time, we have to ban the analogies during the criminal regulating to the P2 P network credit platform. From the point of view of China’s current criminal legislation and justice, criminal regulation of P2 P network platform loan also has many problems and defects, Such as mismatch between the current criminal legislation and administrative rules and regulations, which results in the applicable law of contradiction between administrative illegal and criminal as well as the uniform of the application of law. Depending on the illegal fund-raising kind of crimes and the crime of illegal business of current criminal law to P2 P network credit platform criminal regulation, will caused the scope of crime is too broad, which will be hardly to the development of P2 P network credit platform in China, the establishment of punishment for P2 P network credit platform is not scientific, besides, in the judicial practice, there were two kinds of bad tendency which appear as too conservative or too aggressive. On this basis, this paper puts forward the criminal regulation of P2 P network credit platform some perfecting views and Suggestions, such as release new regulatory documents to clear the limits between administrative law and criminal, to coordinate the relationship between the criminal legislation and criminal legislation; The penalty for P2 P network credit platform to cases involving crimes loan adjustment, changing the concept of severe punishment, pay attention to the provisions and application of the qualification penalty; And Suggest that can release method of guiding cases by the supreme people’s court as to this due to social or economic and technological development of new types of cases, thus can solute problems around the courtyard in handling such cases, in order to maintain the stability of criminal law as well as the judicial unity and authority.