Research On The Connection Between Administrative Supervision And Criminal Law Regulation Of Illegal Fund Raising On P2P Lending Platform

P2P lending relies on the Internet which naturally has the characters of openness and society.In addition,many P2 P platforms in reality have deviated from information intermediary positioning in order to make profits,making P2 P lending more likely to constitute illegal fund raising than other types of lending.Regarding the regulation of illegal fund raising on P2 P platforms,there are two main approaches: administrative supervision and criminal law regulation.Firstly,it will be included in the administrative supervision,and the P2 P platform which operates illegally will be given administrative punishment according to the administrative laws and regulations.In the case that the adjustment of the administrative laws and regulations which are prepositive is invalid,criminal law is used to regulate illegal fund raising crimes.In this paper,we will research the connection between administrative legislation and criminal legislation,administrative law enforcement and criminal justice,which follow the principle of punishment once on the same case and the principle of synchronous coordination.Through the study of the relevant laws and regulations and the criminal judgment documents of cases in recent five years,there are still many problems in both legislation and judicial practice.Specifically,in legislation,the crime of illegal fund raising is unreasonable,the two laws lack systematic links,and there are few laws and regulations on the connection between administrative law enforcement and criminal justice.In the judicial aspect,the starting rules of administrative and judicial power are not clear,the recognition standards of administrative and criminal violation are not unified,and the connection between administrative and criminal punishment is not smooth.In order to better regulate the illegal fund raising of P2 P platforms,a legal regulation system of "mainly administrative supervision and supplemented by criminal law regulations" should be established.First of all,establish a stepped supervision system and a scientific punishment structure on the basis of respecting the modest and restraint principle of criminal law.Secondly,do well in the connection between administrative law enforcement and criminal justice on the basis of adhering to the principle of a legally prescribed punishment for a specified crime.Finally,play the unique value of the working mechanism by unblocking information sharing mechanism,perfecting joint conference system and advocating procuratorial organs to intervene in advance.