Research On The Legislation Of Illegal Fund-raising In Internet Finance

In the rapid development of the Internet industry today,the Internet industry is constantly entering People’s Daily life,but also makes the traditional financial industry has produced changes,the Internet and the traditional financial industry constitute the Internet financial industry.For example,p2 p platforms,online payments,e-commerce loans,crowdfunding,etc.,are emerging representatives of the Internet finance industry and continue to develop at a rapid pace.However,with the continuous development of the Internet finance industry,the criminal activities in the Internet finance industry are also increasing and becoming more and more serious,which hinders the sound development of the Internet finance industry.However,the most common problem in Internet finance is illegal fund-raising.Due to the lack of offline industrial support,the lack of corresponding guarantee and the inability to guarantee the true credibility,the phenomenon of illegal fund-raising is very easy to occur,which is the key problem to be solved in the context of Internet finance.Therefore,from the perspective of illegal Internet fund-raising,this paper analyzes the current legal provisions of illegal Internet fund-raising law in China,summarizes the shortcomings,and finds a matching solution,and improves the legal system of Internet finance by improving the legal provisions of illegal Internet fund-raising.At the same time,whether it is to stabilize the order of the Internet financial market or to protect the investment interests of investors,it is of great value.This paper is divided into seven parts: the first part is the introduction,which mainly introduces the research background,significance,current situation and research methods.The second part mainly introduces the new characteristics of illegal fund-raising in the Internet industry,including the complexity of criminal ACTS,the diversity of criminal forms and the seriousness of criminal harm.The third part mainly introduces the development status of Internet illegal fund-raising.The fourth part analyzes the legislative problems of illegal Internet fund-raising from the perspectives of civil law,administrative law and criminal law,that is,unclear provisions on civil liability,limited scope of application of administrative liability and excessive strengthening of criminal liability.The fifth part analyzes the criminal standard of illegal fund raising on the Internet with the three criteria of destroying the financial management order,confirming illegality and seriously endangering the society.The sixth part of the crime from the crime of fund-raising fraud and illegal absorption of public deposits crime to determine the crime of illegal Internet fund-raising crime from the elements of the crime to determine the elements of the crime of illegal Internet fund-raising from the concept of regulation,legislation,judicial three aspects to improve the illegal Internet fund-raising crime legislation.