Research On The Improvement Of Legal Regulation Of Online Lending Platform Behavior

On the one hand,Internet finance is developing rapidly,on the other hand,the crime rate is increasing rapidly.Especially in the field of online lending,due to the role of the Internet,its own object-oriented breakthrough,no interpersonal dependence,information asymmetry and the characteristics of illegal fund-raising behavior regulated by criminal law are highly coincident,resulting in the new financial model with "original sin" at birth.At the same time,the policy of online loan is constantly adjusted and changed,and the criminal law regulation of online loan platform behavior is constantly generalized.Since June 2018,the storm of online lending platform has led to frequent mass incidents,and the regulation of online lending platform behavior,especially the criminal regulation,has again stood on the cusp of the storm.Once the online lending platform is suspected of a crime,its victims are numerous,involving huge funds,and its influence is extremely bad.At present,the autonomy of private law is basically suspended,and the administrative supervision has started a new round of campaign law enforcement.The extensive and severe punishment of criminal justice makes the new form of Internet Finance face severe challenges.In order to innovate finance,promote the development of Internet Finance and protect the rights and interests of all parties,it is necessary to perfect the legal regulation of online lending platform,especially the research on the restriction of criminal law regulation of online lending platform.In the introduction,this paper mainly defines the definition and nature of online lending platform,introduces the characteristics of online lending,and puts forward the thinking of legal regulation of online lending platform in judicial practice through cases,in order to provide some reference in judicial practice.The text is divided into three parts,the main contents are as follows:The first part mainly introduces the current situation of the legal regulation of online lending platform behavior,including the current situation of perfect legislation and judicial suspension in civil law regulation,the current situation of low level of neutral law in administrative law regulation,regional differences in law enforcement and policy changes in law enforcement,the current situation of abnormal law enforcement,as well as the legislative monopoly idea in criminal law regulation and the specific charges related to online lending platform,which have a large scale and frequent cases The current situation that sentencing is biased and extensive;The second part discusses the harm of the legal regulation of the online lending platform behavior "criminal and civil imbalance" : hindering judicial autonomy,damaging the legitimate rights and interests of the obligee,inhibiting financial innovation,hindering economic development,damaging the authority of the law and causing the waste of judicial resources.Then it analyzes the causes of the imbalance,which include the influence of the macroscopical heavy penalty thought,the planned economy thought and the micro online loan platform policy;In the third part,according to the current situation and causes of the above,from the perspective of the criminal law's modesty and restraint and the criminal law's economic guiding ideology,and from the perspective of the improvement of the substantive law's administrative regulation,the limitation of the criminal law's regulation,the parallel application of civil and criminal procedures,and the administrative first,the author puts forward the specific ideas of restricting the criminal law regulation of online loan platform.