Criminal Law Evaluation Of Internet Financial Behavior

Internet financial is the combination of the Internet information technology and financial capital,is a new kind of financial,the rise in recent years,its main including P2 P lending,the raise,third-party payment of the three models.For a long time,under the policy guidance of financial state monopoly legislation,strict regulation of the financial market of our country law,in the field of criminal law has made a relatively complete specification,financial crime and Internet financial this to revitalize the folk spontaneous behavior of the social capital market(especially represented by P2 P,the raise of network financing behavior),easy to achieve the fund-raising fraud in the criminal law,the requirement of the constitutive requirements of crime of illegal absorb public deposits,thus has a high level of risk of criminal.The development of the Internet financial,encourage innovation,it is the requirement of economic and social development,is also the party and the government new policy guidance.If the Internet financial behavior into sin threshold is too low,will damage its innovation and hinder the development of economy and society.Therefore,how to evaluate Internet financial behavior within the framework of the existing criminal law,distinguish the boundary of the crime and not a crime,in the space reserved for the development of the folk financial legal balance and the punishment of crime,become a problem theory needs to be answered.This paper firstly gives an account of overview of Internet banking,pointed out the criminal risk,and then discuss the theory problems about the evaluation of criminal law,finally,based on the model of the crime,typical behavior of criminal cases,the three aspects of Internet financial behavior criminal evaluation of specific analysis,relevant conclusions are drawn.The purpose of this paper is,criminal law evaluation of Internet banking behavior,should adhere to the financial service entity economy standards and to protect the Internet financial innovation and legitimate business,and forgiving towards the minor offenses,severely crack down on Civil and commercial law,administrative law to regulation of Internet financial crime.Through the "source of funds","flow of funds" and "capital" judge Internet financial behavior constitutes the crime of illegal absorbing public deposits,fund-raising fraud,the crime of illegal business operation,and that there is no victim crime of illegal absorbing public deposits.