Research On Identification Of Illegal Fundraising Accomplice In P2P Online Loan

“P2P online lending” refers to direct lending between individuals(natural persons,legal persons and other organizations,hereinafter the same)and individuals through the Internet platform,which is a direct financing method generated through the catalytic development of the Internet."Illegal fundraising accomplice in P2 P online lending" refers to a joint crime of illegal fundraising in P2 P online lending.However,due to the special nature of the crimes involved and the numerous personnel,there are still great differences in the determination of his accomplices in the judicial and theoretical circles.This article will focus on exploring and resolving the issue of the identification of this accomplice.In this article,the author divides the text into the following three parts to demonstrate this accomplice problem.Chapter 1: Normative and Theoretical Basis of the Identification of Accomplices in Illegal Fundraising in P2 P Online Loans in Chinese CriminalIn China,there are three levels of normative basis for the identification of accomplices in illegal fund-raising in P2 P online lending.The first level is the general norms(that is,the norms applicable to all accomplices).The second level is the type norms(that is,the illegal fund-raising accomplices).Identified norms),the third level is specialized norms(that is,norms specifically applicable to the identification of accomplices in illegal fundraising in P2 P online loans).For the theoretical basis,this article discusses the identification of illegal fundraising accomplices in P2 P online lending in the context of China’s criminal law accomplice legislation and theory.First of all,it is clear that our country’s accomplice refers to an intentional crime committed by two or more people.Its extension includes theoretically the execution offender,the organized offender,the helper offender,and the instigator,and the law includes the principal offender,the offender,and the threatened offender.Accomplices in criminal law are quite different.Secondly,it is stated that in the identification of accomplices in illegal fund-raising of P2 P online loans,the theory of common crimes should be adhered to,and some of the common theory of crimes and the theory of complete crimes have application scenarios,and should not be generalized.Once again,the criteria for determining illegal accomplices in P2 P online loans should be: whether there is a common intention to illegally raise funds.Based on the nature of the crime,the types of accomplices in P2 P online lending include three types: accomplices in the crime of illegally absorbing public deposits,accomplices in fund-raising fraud,and accomplices in crimes of collecting public deposits and crimes of fund-raising fraud.Chapter Ⅱ: Identification of Insiders of P2 P Lending PlatformsEstablishing Illegal Fundraising Accomplices First of all,according to the "17Minutes of Criminal Crimes" of the Supreme People’s Procuratorate,there are three abstract identification models for the identification of accomplices in illegal fund-raising on P2 P online loan platforms:(1)Those who have certain positions can be directly presumed to have common Intentionally determining that it constitutes an accomplice(that is,the "identity" identification model);(2)For those who have not performed a certain position and have performed the corresponding harmful behavior,they can also be presumed to have intentionally established an accomplice("identity + behavior" identification model);(3)For those who do not have a certain position but only perform a simple commanded act,they cannot be deemed to have intentionally do not establish accomplices("identity + behavior" negation model).In theory,it can be summarized as"differentiation theory".Secondly,according to the above-mentioned identification model,the analysis of the existing theory holds that "identity theory" is based on"identity" and "behavior theory" is based on "behavior".Whether the accomplice is established or not is biased,and the core of "hybrid theory" is still missing.Stepping out of the "identity theory",all three views are flawed.Finally,for the"identity" and "behavior" involved in the three abstract identification models of the"17 Mutual Gold Crime Summary",based on a concrete analysis,three more specific identification models are proposed:(1)For "high-level "Managers" and"middle managers" can presume that they have a common intention to establish an accomplice,(2)"core employees" who have committed crime training can also presume that they have a common intention to establish an accomplice,(3)For“core employees” who have carried out false behaviors,fictional behaviors,and vocational training behaviors,they may be deemed to have no intention of accomplices and no accomplices shall be established.Chapter 3: Identification of Accomplices in P2 P Online Loan Platforms and External Illegal Fundraising ParticipantsBy reviewing the existing theories,the author found that the existing research has certain limitations on the scope of external participants who constitute accomplices in illegal fundraising with P2 P online loan platforms.According to the "Summary of 17 Mutual Funding Crimes" of the Supreme Procuratorate and "10 of the Supreme Court" Non-collection Interpretation "and other specifications,the scope of external participants should include borrowers,external guarantee agencies,third-party payment agencies,advertising agencies.Among them,(1)There are five main situations in which the borrower and the platform constitute an accomplice in illegal fund-raising crimes: " the intermediary agency and the borrower conspired or knowing that the borrower has violations and still provide services for its illegal absorption of public deposits "," intermediary agencies Conspired with the borrower and adopted credit guarantees to the lender to absorb public funds "," Intermediaries and the borrower conspired,and borrowed money from the public through physical locations other than electronic channels to absorb funds from the public "," Collusion "The borrower absorbed funds for the borrower by splitting the term of the financing project and implementing the transfer of creditor’s rights","the borrower knows that the platform conducts illegal fundraising and cooperates with it".(2)The situation where an external guarantee institution and the platform constitute an accomplice in illegal fund-raising is: a situation where a third-party guarantee institution colludes with the platform,knowing that the platform conducts illegal fund-raising and still provides the platform with corresponding guarantees.(3)The third party payment and the platform constitute an accomplice in illegal fundraising: the third party payment agency colludes with the platform,knowing that the platform conducts illegal fundraising and still provides the platform with corresponding fund settlement services.(4)The advertising agency needs to determine the difference:the advertising publishing platform that provides professional advertising services colludes with the P2 P platform,and knows that the P2 P platform conducts illegal fundraising and still provides advertising services for it.At this time,the advertising platform and the P2 P platform establish an accomplice;The "website party" who posts publicity can only establish an accomplice when others report the publicity fundraising of illegal P2 P fundraising and the website is turned a deaf ear.Innovation in this article:First,at the level of theoretical foundation,for the first time,the author put forward that the common crime theory should be adhered to in the case of illegal fundraising accomplices in P2 P online lending,and it is clear that whether it is a partial crime theory or a complete crime theory in the crime theory,we are dealing with the problems in this article.There are occasions when it applies,and you cannot stick to one of them in a general way.Secondly,in the identification of internal accomplices,the relevant provisions in the 17 Minutes of Inter-Criminal Crimes were modeled and summarized for the first time,and the "distinguishing theory" for the identification of internal accomplices was further summarized in this article.And in order to make the "differentiation theory" more in line with the actual judicial practice,the author further specified the "identity" and "behavior" requirements in the "differentiation theory",and transformed it from an abstract model of internal accomplice identification to concrete Internal accomplice identification model.Third,in the determination of accomplices of external related units,it was first proposed to limit the scope of external units related to P2 P online loan platforms that conduct illegal fundraising through a negative list,so as to ensure the combination of economic development and criminal justice.purpose.Secondly,with regard to the accomplice of its advertising platform,it is advisable to discuss accomplices on a case-by-case basis,and to further refine the responsibility of accomplices of external participants.The shortcomings of this article are.(1)Because the author’s knowledge is limited,the understanding of the related accomplice theory is not deep and comprehensive.(2)The author lacks conciseness and straightforwardness in writing because of his poor control of words.