Identify P2P Lending Behavior Boundary Between Criminal And Civil

P2P lending,as an important form of the financial Internet, is now under rapid development. There are many innovation in it's business model. It dose bring many positive significance to our country folk lending, but at the same time,because there is no clear regulators and standard behavior in the model, P2P lending also be considered as a high-risk industry. In order to correct the disorder development of P2P lending, intervention of criminal law is necessary. But the most troubling thing is that excessive intervention may restrain the financial innovation in the field and hinder the P2P lending positive significance to our country folk lending. Therefore, under the existing legal system and the financial innovation and financial security's double consideration,existing typical alienation in the industry pattern of qualitative becomes very important. This paper aims to put forward "the network credit limit torture people distinguish principle" and use it to analysis and qualitative domestic typical fuzzy behavior and existing P2P lending on sin through the introduction of the various of P2P lending behavior modeThis paper, removing introduction, is divided into four parts:In the first part, the paper introduces the P2P lending in behavior model and the legal relations.First analyzed our country legal net credit and legal relationship, and introduced the nature of the platform and the typical tripartite legal net lending (lenders, platform, the third party escrow agency), namely the civil lending relationship, intermediary services, financial hosting relationship. Though most scholars considered it to be four relations, adding security relationship. But the author thinks that legal relationship is relatively complex, and government has repeatedly appeal to eliminate the guarantee, so I will talk about it in the next section. Then analyzes the domestic mutation network model and the legal relationship, constraint to the limit and platform intermediary nature from breakthrough two categories are introduced. In the final analysis in variation model of fuzzy torture people, from admittance regulation, process supervision, legal defects, realistic cause four aspects in this paper.The third part, from theory to practice, P2P lending involving crime case analysis. In P2P lending there has been involved in three kinds of cases:illegal absorbing public deposits, fund-raising fraud, illegal business case. Select typical case to analysis where we can know, from the first two types of case analysis verify the intervention principle and the concrete path of the criminal law has the practical significance and maneuverability.The fourth part, the conclusion part summarizes the main research results of this article and emphasis punishment regulation's significance under the double consideration of financial innovation and financial security, putting forward using regulation to ease in the P2P lending and compliance program.This article possible innovation points:one is that,based on the existing P2P lending criminal law regulation, and on the basis of literature research, this article emphasizes the model to conduct in-depth analysis, making every effort to eliminate the fuzziness of behavior such as financial management mode. Based on the differences of behavior, it believed to be suspected of illegal absorbing public deposits and illegal trust respectively; Second, pay attention to the realistic meaning, and provide intervention principle in the existing legal system of criminal law, and combining with specific cases points out that the existing criminal law involved in inappropriate places.