Analysis Of Illegal Fund Raising Cases Of P2P Network Lending Platform

P2P network lending is a new financing mode in recent years.It carries out fund lending through network platform in the form of individual to individual.Its unique advantages,such as convenience and high return,have opened up new fields for investment and financing.However,new things often have two sides.The serious lag of industry supervision leads to many online loan platforms taking the opportunity to carry out illegal business,and most of these acts may constitute the crime of fund-raising fraud,the crime of illegally absorbing public deposits and the crime of illegal business.After 2017,the national ministries and commissions began to severely rectify the industry chaos,and relevant laws and regulations were issued one after another.However,the number of P2 P network lending illegal fund-raising cases still shows a high incidence trend,especially in the field of criminal punishment,there are still problems to be solved,such as excessive criminal law intervention,vague standards for entering a crime,and the penalty system needs to be improved,which is also the research value of this paper.In the first part of this paper,the representative cases are selected from the judicial decisions.After analyzing the basic situation of the cases,three controversial focuses are summed up,which are: the defendant’s behavior should be identified as the crime of fund-raising fraud or the crime of illegally absorbing public deposits;the defendant’s behavior in the crime of illegal fund-raising should be identified as the crime of natural person or the crime of unit;how to judge P2 P network lending Whether the case of illegal fund-raising on the loan platform constitutes a joint crime.In the second part,the author makes a jurisprudential analysis of the three controversial focuses of this case in turn.Combined with the criminal law theories such as crime composition,the paper makes clear the characteristics and identification of the main crimes involved in P2 P network lending platform,the distinction between unit crimes and natural person crimes,and the identification of P2 P network lending joint crimes.It is concluded that the behaviors of Huang and his accomplices in this case are consistent with all the criminalcharacteristics of the crime of fund-raising fraud,which should be recognized as a crime of fund-raising fraud.In the third part,the author puts forward legal suggestions on the regulation of P2 P network lending platform from the perspective of criminal legislation and criminal justice.In terms of legislation,we should strengthen the connection between criminal legislation and non criminal laws and regulations,limit the relevant charges,and improve the penalty system.In the judicial aspect,the author innovatively proposes to establish a P2 P network lending crime case handling information platform based on big data technology,and actively promote the P2 P network lending crime case guidance system.I hope this paper can provide useful reference for the conviction and punishment of the crime of illegal fund-raising of P2 P network lending in China.