Analysis On The Criminal Law Of "e-rent Treasure" Case

As one of the most serious financial violations in recent years,"e rent treasure" reflects the hidden risks in the process of Internet financial innovation.According to official data,the on-line platform for a year and a half since the pressure,through the fictional financing transfer target etc.,continued in the new old,self guarantee manipulation with high interest deposits from the public commitment to lure more than 50 billion,involving the number of about 900 thousand investment.This event exposes the prominent contradiction between the rapid development of the Internet financial field and the lack of the system,and also reflects the confusion of criminal law regulation in the field of financial innovation in a certain extent.The "e rent treasure" as the object of study,based on the existing public data summarizing,emphatically analyzes the focus and difficulty problems in the process of handling the event identification theory,from the perspective of Criminal Law Applicability Analysis of the specific criminal responsibility may be involved.This paper consists of the following four parts.The first part,in today's life,the network seems to provide a new platform for illegal fund-raising and channels,in which the "e rent treasure" as a representative of the crime in the real life has a greater impact.The nature of the new crime,crime characteristics,social harm and how to effectively curb these issues worth our thinking.This section introduces the background and significance of this topic,research status at home and abroad,research methods and innovation.The main content of the second part is a summary of the case and a brief introduction of three controversial focuses in the case.Specifically,the "criminal acts e rent treasure suspected what is the crime of illegal deposits from the public or the crime of fraud,crime cognizance is the key,because the crime punishment different corresponding punishment is also different.In addition," e rent treasure " in addition to suspected of separate crimes,also suspected of complicity.In the existing criminal law provisions," knowing e rent treasure platform,the laissez faire behavior of unfair charge cost behavior may be regarded as "one-sided help " behavior is regarded as a " common purpose " to identify the common crime and the behavior of people,the following article will explain here,not to say.P2 P net loancrime is often a huge amount of crime,especially in the case of complex "branches Yucheng" line throughout the country,involving large number of investment,and the company's financial management confusion,business transaction data is huge,so it is the key to identification of the crime amount.The content of the third part is to study the legal issues of the case.First of all,this paper makes a detailed interpretation of the distinction and definition between the crime of illegal absorption of public deposits and the crime of fund raising fraud.Secondly,the definition of one-sided accomplice and the determination of the boundary between joint crime and unit crime in the case of "e rent treasure" are expounded.Finally,in the identification of the amount involved,different cases should be analyzed and treated differently.The content of the fourth part is the inspiration of this case,mainly including the countermeasures to solve the problem reflected in this case.