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Research On The Griminal Law Of P2P Network Loan

Posted on:2018-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:X M JiangFull Text:PDF
GTID:2336330515983764Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
P2P network lending is an emerging point-to-point lending model based on Internet technology,which has a great advantage over traditional banking and private lending.P2P network borrowing industry into China's development after the reason why will enter the alienation model because the industry does not have specific regulatory measures and barriers to entry is very low.Many P2P network borrowing platforms have surpassed its essential characteristics.These dissimilated P2P network borrowing platforms often use the cloak of P2P to carry out illegal fund-raising crimes.The investors' property has suffered huge losses and the economic order has suffered.With the decision in 2014,the seriousness of the problem of P2P network borrowing is getting more and more attention.P2P network lending first appeared in the UK,spread to the United States after the development of China by the United States of America's first P2P network lending platform-patted in June 2007 on-line operation.With the emergence of the first P2P network lending platform,China's P2P network lending platform has shown a burst of growth.However,there are a series of problems in the development of China's P2P network loan industry:information opacity leads to platform scam,"Pao Lu incident"occurs;lack of necessary supervision,leading to non-standard industry operation,deviate from the nature of the positioning of the platform,industry development direction The P2P platform is not accurate,information intermediaries and credit intermediaries coexist;P2P platform(P2P)platform is not perfect,the system is not perfect,and the cost is low;The ability to control risk and anti-risk is not very high.How to solve the above problems in the development of the industry need to analyze the P2P network lending platform business model and its legal issues,that is,the traditional P2P network lending platform business model,credit transfer P2P network lending platform business model,guaranteed P2P network lending platform mode.Criminal law as the last one to protect people's rights,if necessary,criminal law intervention to protect investor safety,Combating P2P Network Lending Crime.As the criminal law has modesty,we must take into account the necessity and prudence of its involvement,strictly control the scope of criminal law and regulation.I believe that in the alienation of P2P network lending platform,suspected of illegal fund-raising crimes specific charges are mainly illegal deposits of public deposits,fund-raising fraud and illegal business crimes,different business models constitute different charges,the need for judicial identification Specific analysis."Eastern venture case" as a P2P network of criminal cases,the first criminal case of illegal deposits of public deposits convicted and punished,the year before the "e-rent treasure" incident to the development of the industry to blow,the masses asked the state to strengthen The voice of the industry is getting higher and higher,so we not only from the administrative supervision of the industry to monitor,but also from the criminal law on the regulation of these illegal fund-raising crime prevention and combat.Only by taking a two-pronged approach to fundamentally improve the development of P2P network lending industry,China's P2P network lending industry can develop steadily.
Keywords/Search Tags:P2P, the internet, borrowing, crime, legislation to improve
PDF Full Text Request
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