The Legal Regulation Of Illegal Fund-raising Of P2P Lending Platforms

The rapid development of P2 P lending,rooted in the financing difficulties of China's small and medium-sized enterprise,but due to the long on the fringes of financial regulation,and can't get rid of the suspicion of the public absorption of funds,and the platform closes frequently,was held on "original sin" hat.However,P2 P network demonstrates its market rationality with huge volume of loan demand,how to balance the relationship between financial innovation and legal policy,become the number one problem for lawmakers and law enforcers and judicial to handle P2 P lending.On July 18,2015,Guidance on promoting the healthy development of Internet finance,and on August 24 th,2016,Interim measures for the management of online lending information intermediaries take P2 P lending platform as the legal intermediary service agencies of online lending information.this paper will take this opportunity,through the analysis of the legal,illegal and criminal state of P2 P lending platform,find out the existing problems of the legal regulation of P2 P lending platforms and put forward the system interpretation and coordination plan,in order to provide clear and specific legal guidance for promoting the legal development of P2 P lending platform,and avoiding it fall into the illegal and criminal traps.This will help the sustainable and standardized development of P2 P financing model and prevent the occurrence of the whole financial risk.This will help the sustainable and standardized development of P2 P financing model and prevent the occurrence of the whole financial risk.The first chapter describes the definition and the legal nature of P2 P lending platform,and the way how the state's administrative supervises the P2 P lending platforms.And the chapter will further discuss the basic connotation of illegal fund-raising,and the specific operation form of the P2 P lending platform suspected of illegal fund-raising.On this basis,combined with the promulgation and implementation of Interim measures for the management of online lending information intermediaries,lead to China's current law,the judicial system in the regulation on the P2 P network platform loan financing platform unclear legal nature,raise the illegal and criminal boundaries are not clear,this crime and those standards are not clear,and the problems existing in the judicial referee and conflict.The second chapter analyzes the legal fund-raising rules for P2 P lending platforms under the current administrative supervision,which is the reverse legal regulation of illegal fund-raising of P2 P lending platform.Start from the basic properties of P2 P lending platforms,and find out that the P2 P lending platforms should be exist as non-financial institutions,but it is a financial business that is filed by the state financial regulatory authorities.Thus,the paper further analyzes and clarifies the key points of administrative regulation of the P2 P lending platforms under the Interim measures for the management of online lending information intermediaries and legal fund-raising operation rules for P2 P lending platforms.The third chapter focuses on analyzing in which case the illegal fund-raising problems of the P2 P lending platforms constitute administrative offences.Combined with the connotation of illegal fund-raising and relevant administrative laws,we will analysis of the conditions under which the P2 P lending platform constitutes illegal fund-raising or the common offender with the platform borrower of illegal fund-raising.The fourth chapter analyzes in which case the behavior of the P2 P lending platform is conformed to the crime constitution of illegal fund-raising.Through the systematic interpretation,the paper will coordinates the conflict between Interim measures for the management of online lending information intermediaries and Judicial interpretation of illegal fund-raising,in order that the standard and conditions of the behavior of the P2 P lending platform is conformed to the crime constitution of illegal fund-raising are clarified,and so as to specific charges relating to specific illegal fund-raising activities,to provide reference for the judicial practice on the conviction of illegal fund-raising of P2 P lending platforms.