| As a new type of financial lending model,the online P2 P lending has extremely high investment and financing facilities,and it has made great progress in our country.Due to the lack of administrative supervision in the early stage of development,most platforms have touched the red line of illegal fund-raising.This article is divided into five parts.The first part is mainly a basic overview of P2 P lending,including the origin of P2 P lending and the status quo of Chinese P2 P lending platform.The second part mainly analyzes the Criminal Law risk of Chinese P2 P network lending platform,and puts forward the necessity,function,value and significance of the study on the doctrine of the Crime Of Fraud in Financing involved in the online lending platform.The third part will mainly talk about the net-credit platform manager,and start the research of the legal dogmatic of the Crime of Fraud In Financing.The concept of contract fraud and performance fraud in the German Criminal Law on fraud theory are mainly used to demonstrate the process of the online lending.At the signing stage of the investment agreement,the perpetrators with the purpose of fund-raising fraud are arbitrated for the Crime of Fraud in Financing.The fraudulent methods for illegal possession of the investment agreement at the signing stage are subdivided into real performance frauds and unrealized performance frauds.The former is punished as a serious crime according to the theory of combined punishment for several crimes.For the latter,the theory of Implicated Crimes can be introduced to punish the Crime of Fraud in Financing.Fraudulent acts can be further divided into fraud and omission fraud,the discussion of omission fraud is mainly carried out through the obligation to inform the platform manager in the acquaintance society based on the principle of good faith in the Civil Law.With regard to the calculation of the amount of fraud,should take the theory of "total amount".The unit as a victim of fundraising fraud does not affect the establishment of the Crime of Fraud In Financing.The fourth part will mainly focus on the legal and doctrinal study on the Crime of financing fraud in the perspective of the victim(investor).Based on the Criminal Law’s paternalism and victim’s self-determination,the victim’s consent is divided into two levels,broad and narrow.The narrow victim means that the investor is the platform worker,If the victim suffered a loss of property or the amount of damage is large,the determination of the Crime of Fraud in Financing is denied,the victims can recover losses through the illegal absorption of public deposits or civil lawsuits.The broad victim means that the victim suffers from fraud and has knowledge that he or she should adopt a strict criminal law paternalism,and the platform manager shall be convicted and punished by the Crime of Fraud in Financing.Based on the principles of self-responsibility,the last resort,the purpose fail theory and personal loss of property theory to demonstrate the Crime of Fraud in Financing.When the victim ignores the fraudulent means that ordinary people can recognize based on speculation and laissez-faire psychology,should deny the recognition of the Crime of Fraud in Financing,and convict and punish the platform for the Illegally Absorbing of Public Deposits.The fifth part mainly expounds the pre-determining of the P2 P lending by the administrative regulations and the restraint of the Criminal Law. |
