The Legal Risk Control And Criminal Law Reply Of P2P Lending

As the typical model of financial innovation,P2P lending caused controversy between legal and illegal since the introduction of domestic,but in view of the irreplaceable role on the social financing,encouraging it become the consensus of the academic circle and practice circle.However,in order to adapt to the local environment,varieties of innovative business models appeared.Essentially,P2P platform help forming direct lending relationship.And in the non-standard P2P business model,some platform intervene into the main lending relationship,some bear credit risk,some kangaroo pools of capital.From the prospective of the current market environment,the low barrier to entry,the lack of the credit system and business regulation,resulting in the current industry chaos situation.From the point of view of legal,the business model has the potential legal risks,especially criminal risk.The author thinks,Internet banking is the most active field of financial innovation,criminal law should limit shrink its tentacles and maintain modesty,but it is important to reinforce the criminal code to check the crimes committed in the name of financial innovation.Under the trend of financial market reform,criminal law should be made to fit the market rational adjustment,getting rid of the philosophy formed in the financial monopoly capitalism period,focusing on the transaction order.At the same time,financial crimes protect the financial order,and the financial order is in the dynamic and reforming state.For those violate the criminal law formally,but not disrupt the financial order,substantive interpretation doctrine should be introduced.The first part,summarize the origin and development of P2P lending in foreign countries,study the domestic P2P platform transactions arising from a variety of legal relations,sum up the legal characteristics of P2P network solutions.And compared to the bank,private lending and micro finance,summarize the advantages of P2P lending.Ultimately define the original meaning of standard-P2P lending.Essentially,P2P platform help forming direct lending relationship.The second part,comb the latest laws and regulations,summarize all phases of the possible legal risks of P2P lending from the cradle to the grave,including the access rules of platform and both sides of trade,business regulation to guarantee,amount and interest rate rules,custodian bank rules,administrative and criminal legal risk,mainly list involving criminal risk.The third part.The discussion is that P2P lending may be involved in illegal fundraising criminal risk.By discussing the constitution of crime between crime of illegal absorbing public Savings and the crime of fraud in financing,recognizing the distinctions of illegal fund-raising and legal funding,and exploring various derivatives of the P2P platform business model possible risk of illegal fund-raising.The fourth part,according to the legal risks in the second part,especially the criminal law risk,a comprehensive response plans are put forward.At the same time,the theme of the article is to discuss the financial innovation and the problem of the criminal law.Internet banking is the most active field of financial innovation,criminal law should limit shrink its tentacles and maintain modesty,but it is important to reinforce the criminal code to check the crimes committed in the name of financial innovation.Under the trend of financial market reform,criminal law should be made to fit the market rational adjustment,getting rid of the philosophy formed in the financial monopoly capitalism period,focusing on the transaction order.At the same time,financial crimes protect the financial order,and the financial order is in the dynamic and reforming state.For those violate the criminal law formally,but not disrupt the financial order,substantive interpretation doctrine should be introduced.