Analysis Of The Legal Recognition Of The Crime Of Raising Funds From The Zhou Hui Case

Originated in the European and American market economy P2P (to peer peer) network lending, refers to the individual and individuals through the Internet platform to achieve direct lending. Now in China showing a rapid momentum of rapid development, as of the end of 2015, China has surpassed the Anglo American, to become the world's largest P2P net loan market. The deep-seated reasons behind the development of China's financial system in the long-term financial repression and the existence of some low efficiency and distortion factors and solving the traditional finance can not effectively meet the majority of small and medium-sized financing demand and achieve docking problem. P2P net loan is a new type of financial service mode based on network, which is flexible and convenient. It provides a new financing channel and convenient financing. It is a useful supplement to the existing banking system. The benefits and risks of symbiosis and coexistence is the everlasting truth, Internet banking is no exception. In fact, according to the current law of our country, all P2P platform has the nature of illegal fund-raising, based on Internet banking the current lack of a complete credit system and specification of the financing mode and other reasons, in the field of Internet Financial prone to crime, the crime of illegal business operation, illegal absorbing public deposits crimes and other crimes of illegal fund-raising. These risks highlight the need for criminal law regulation of Internet financial activities. The Internet banking as a major financial innovation, but also determines the criminal law on the Internet should maintain a certain degree of regulation of financial activities, so as not to block or stifle innovation. For Internet banking law should limit shrinkage regulation, criminal law to social management, including financial management too active and too much intervention, is not conducive to the administrative department of active scientific management, also easy to form management order dependent inert. Through Zhou Hui illegal fund-raising case, for example, analysis of Zhou Hui business network lending platform in the process of the behavior is illegal fund-raising behavior and whether it constitutes a crime, in order for the majority of P2P network lending platform to fix a specific security line, let the net credit platform always stay away from the crime of illegal fund-raising boundary and on the future of the judicial organs in a similar case for the determination of charges of illegal fund-raising, with a meager strength.