The Criminal Regulation Of Fund-raising Behavior In P2P Network Loan

It is not difficult to find out from judicial precedents that illegal fund-raising in P2 P lending has mostly offended against the crime of illegal absorption of public deposits.The point of view of this article is to limit the scope of application of the crime of illegally absorbing public deposits.In practice,we often distinguish the crime of fund-raising fraud from the crime of illegally absorbing deposits of the public,and define the boundaries of the two crimes by analyzing whether the criminals have the aim of illegal possession subjectively.By summing up judicial experience,this paper analyzes the criminal characteristics of P2 P lending,from the perspective of crime identification,trying to find an effective regulatory path.On the one hand,we should limit the application scope of the crime of illegally absorbing deposits from the public,strictly define the crime and the non-crime,and hand over the problems that need not be regulated by the criminal law to the administrative organs,so as to improve the flexibility of the Internet finance economy;on the other hand,we should prudently determine the purpose of illegal possession of the crime of fund-raising fraud,and reasonably distinguish this crime from the other crime.In terms of the implementation of criminal policies,we shall not only encourage financial innovation and economic development,but also promptly punish financial crimes and protect the safety of people’s property.From the perspective of balancing financial innovation and punishing illegalities and crimes,the principles of modesty and restraint in criminal law and the policy of combining leniency with severity shall be followed in regulating fund-raising in P2 P online lending.