On The Problem Of Illegal Fund-raising In The Context Of China's P2P

With the shock of the “e rent treasure” case outbreak,many P2 P illegal fund-raising cases frequently exposed to the public view,the cases involving a large number and large sums of money,constantly refresh people's bottom line.However,as a form of internet financial innovation,its emergence solves our country small and medium-sized enterprise loan difficult dilemma,also to the public investment has set up a new window,revitalize the market resources.Currently under the condition of the industry standard is not perfect yet,more is criminal law regulation of illegal behavior of P2 P.In the face of this double-edged sword of P2 P,therefore,should vigorously promote the prosperity of marker economy development,establishing the industry standard at the same time,the most important thing is that in the process of criminal law regulation on P2 P illegal fund-raising cases clear crime and is not a crime,the relationship between crime and sin.The introduction part presents the basic concept of P2 P and its development in China.The first part introduces the P2 P illegal fund-raising of HuaQiang Company and summarizes the decree of court.Then summarizes the focus of controversy.The dispute of the case is the judicial organ for recognition of the controversy.The second part is the legal analysis of the focus of this dispute.First clarity the crime of fraud and crime of illegal absorb public deposits and fund-raising fraud law is the relationship between competition relationship,and then distinct the differences between crime and sin,finally according to the law competition “special law is superior to the general law” principles,combined with the specific performance of the case,the author concluded that the crime of fund-raising fraud is the more appropriate conclusion.Also demonstrating fund-raising fraud crime from the components and filing standards.The third part of the article offer suggestions from administrative management and perfection in criminal law to hope to provide some help for the problem of illegal fund-raising of P2 P.