| The P2 P online lending online transaction model provides a more hidden environment for users.China has not included it in the credit reporting system and lacks supervision.In addition,China’s P2 P online lending model has been alienated during the reference process,which has led to Some criminals use the characteristics of P2 P network borrowing to conceal and lack of supervision to implement illegal behaviors,which lead to many criminal risks such as illegal fundraising,fraud,and neutral help.In theory,some operations in this field may involve more criminal law crimes.In fact,most of the criminal crimes that are more likely to be touched by P2 P online lending are the crime of illegally absorbing public deposits,the crime of fund-raising fraud and the controversial crime of illegal operation.As P2 P lending is a relatively new form of Internet finance lending,it is greatly controversial in the field of criminal law in China.There are many problems in the process of determining the above three crimes: In the crime of illegal absorption of public deposits,the disputes on the use of collected funds and the low threshold of conviction,the identification of the purpose of illegal possession in the crime of fund-raising fraud is too broad,the proportion of fund-raising purposes is vague,and the basic provisions of the crime of illegal business operation are not clear enough,which leads to disputes about whether P2 P online lending constitutes the crime.These problems have a greater impact on the development of the P2 P industry,and we need to conduct analysis and research in order to find corresponding methods to solve them.It can punish crimes without hindering the innovation of Internet finance.Such a dual task requires the criminal law to adhere to modesty,that is,to further clarify the boundary between crime and non-crime through legislation or judicial interpretation to limit the use of the crime of illegally absorbing public deposits,the crime of fund-raising fraud and the crime of illegal operation.Expanding the types of qualification punishment and increasing property penalties to better prevent reoffending.In order to reduce the criminal crimes in this field,we should strictly implement the new policies advocated by the state,strengthen administrative supervision and establish a good mechanism for liquidation and transformation,so as to guide P2 P online lending institutions to develop,transform or retire in a legal direction. |
