Research On The Criminal Regulation Of Peer-to-Peer Online Lending Platform

Between peer-to-peer lending refers to the individual with the medium of the Internet platform to realize the direct lending,the medium is the peer-to-peer online lending platform,which is also the emergence of peer-to-peer online lending platform has prompted a peer-to-peer network prosperity of the credit industry.peer-to-peer lending has only been in China for 10 years,and the prosperity has exceeded that of Britain and America.Speed is behind in the development of peer-to-peer online lending platform "alienation",some platforms not adhere to the information intermediary role,turned into the credit intermediary,and supervision and legislation of many factors,such as absence of chaotic,so that the peer-to-peer online lending industry problems,and even become soil of criminal crime,for the whole industry and the stability of the financial order has immeasurable influence.This paper describes the development status and operation mode of peer-to-peer online lending platform and analyzes the criminal and related problems of online loan platform based on relevant cases,and finally puts forward some humble views on the problems.This paper is divided into four parts:The first part focuses on peer-to-peer online lending platform and peer-to-peer network credit loan account,and then the net credit platform development present situation and operation mode(in China,the traditional operation mode and the alienation of the new pattern),which shed light on its criminal risks.Based on the detail discussion of its operation mode,the second part concentrates on whether criminal risks exist in each pattern.In this part,the author cites relevant cases to make this paper more convincing.Through the discussion of the second part,we find peer-to-peer online lending platform is suspected of criminal offenses,which makes criminal law intervention quite necessary.However,as a new force of Internet finance,the peer-to-peer online lending platform will inevitably collides with the traditional criminal law regulation.What would this collision spark is the focus of the third part.The author analyzes both from legislative perspective and judicial perspective.The fourth part mainly elaborates the principle and the path of criminal law regulation.Since criminal law must be involved,it is important to follow the principles and how to get involved.Abiding by the principle of appropriate degree,we are seeking the specific way that the criminal law gets involved.The author concludes that not only should we narrow the application of the crime of illegally absorbing public deposits and the fund-raising fraud,but also apply the criminal policy of “the purpose of illegal possession”.