| In July 2018,China’s P2 P network lending platform experienced large-scale business difficulties,which is known as "Thunderbolt" in the industry.Due to the chain break of P2 P capital chain,it affects the development of small and micro enterprises in China to a certain extent.Because P2 P cases involve many civil and criminal issues,they are very complex and real-time,and there are great difficulties in dealing with them,which means that the current economic development situation puts forward higher requirements for the legislation of P2 P industry in China.Analyzing the illegal fund-raising behavior of P2 P network lending platform can better balance the development of the industry,and then stabilize the order of the financial industry,and promote the development and growth of small and micro enterprises.Starting from the overview of the legal application of P2 P network lending platform fund-raising fraud,this paper analyzes the meaning of P2 P network lending platform fund-raising fraud,the type of suspected illegal fund-raising of P2 P network lending platform,and the current situation of civil and criminal cross regulation of illegal fund-raising behavior of P2 P network lending platform.Starting from the problems and reasons of the legal application of the illegal fund-raising of P2 P network lending platform,this paper analyzes the relevant laws regulating the illegal fund-raising of P2 P network lending platform,the problems in the legal application and the reasons for the legal application of fund-raising fraud.Finally,the paper puts forward suggestions to improve the legal application of P2 P network lending platform fund-raising fraud.It includes the establishment of pre administrative norms,the confirmation of the necessary conditions for the P2 P network lending platform to constitute the crime of illegal fund-raising,the clarification of the applicable conditions for the crime of illegally absorbing public deposits and the crime of fund-raising fraud,and the organization of professional teams to improve the ability to combat illegal fund-raising.The massive collapse of P2 P network lending platform exposes a kind of problems.Only facing the problems directly and solving the problems are the final and most effective way.The development of P2 P network lending platform needs the joint efforts of all parties to study the most appropriate solutions and win this "financial war". |