Peer-to-Peer Lending, or peer-to-peer credit, refers to a new business operation mode in which social subjects lend their own funds to those who are short of funds by using the network platform of intermediaries. It is the result of the development of private lending from "offline" to "online" and the embodiment of citizens exercising their own property rights. The growing development of network technology, the limitation of formal financing channels, the deconstruction of acquaintance society, the increasing inflation rate, the restriction of investment methods and the continuous improvement of personal credit information system have all contributed to the emergence and development of P2P peer-to-peer lending.
Online lending platform is a new stage in China, and it has just begun, so beware of being cheated! Without the protection of laws and regulations, it is difficult to protect the rights and interests of wealth managers, so be careful, careful, careful, careful, careful, careful!
I'd like to recommend some articles about preventing being cheated! Learn more, and the industry will have a high return after a painful struggle!
I. Current situation of P2P peer-to-peer lending
Since P2P peer-to-peer lending was born in China in 25, it has developed rapidly, showing the development trend of doubling the number of business entities, expanding the scope of coverage, expanding the scale of funds and sharply increasing the number of participants. According to the existing P2P operation mode in peer-to-peer lending, it can be roughly classified into three categories: the first category, pure intermediary type. The operating entity of P2P peer-to-peer lending only acts as the intermediary between the borrower and the lender, and is responsible for reviewing the borrower's information, but does not share the risk of the borrower's failure to repay. The second category, composite intermediary type. The borrower and the operator take risks, and the borrower's principal is guaranteed. By strengthening the credit review of borrowers, operators can ensure timely repayment and reduce their own bad debt rate. The third category, compound intermediary and public welfare. This kind of operators have something special in the subject of borrowing, mainly for college students, with the color of helping the poor.
II. Five types of economic crimes in P2P peer-to-peer lending
P2P peer-to-peer lending has congenital "hard wounds" (such as unclear nature and lack of supervision), and its own unique characteristics (strong concealment and wide coverage). Taking the economic crimes in the traditional private lending field as a mirror, people are inevitably worried whether P2P peer-to-peer lending will become another "hardest hit" for economic crimes.
(1) The subject's orientation is not clear, and it walks in a gray area. According to the Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities, illegal financial business activities refer to financial activities such as illegally absorbing public deposits or absorbing public deposits in disguised form without the approval of the People's Bank of China. The first paragraph of Article 174 of the Criminal Law stipulates the crime of setting up a financial institution without authorization. P2P peer-to-peer lending has not been approved by the relevant financial regulatory authorities. Although peer-to-peer lending does not have the nature of a commercial bank, most of the operating entities are responsible for managing the lenders' funds by themselves, and lending the funds after reviewing the lenders' conditions. This behavior is similar to the savings and lending business of commercial banks, and it is inevitable that it will become an economic crime, which may constitute the crime of setting up financial institutions without authorization.
(2) The source of funds cannot be verified, which facilitates the crime of money laundering. Article 191 of the Criminal Law stipulates the crime of money laundering, which requires the perpetrator to know that his behavior is to cover up the illegal income of the crime, conceal its source and nature, and deliberately do it for the benefit, and hopes that this result will happen. Peer-to-peer lending's cash flow circulates outside the supervision system of bank funds, becoming a secret, safe and fast money laundering channel for criminals. However, P2P peer-to-peer lending operators only pay attention to the examination of the borrower's use of funds, and cannot verify the lender's source of funds, so it is difficult to identify the subjective intention of its money laundering crime, so it is impossible to characterize the behavior of the operator and the lender with money laundering crime.
(3) The borrower's credit verification system is not perfect, and fraud crimes occur from time to time. Peer-to-peer lending operators have performed the function of lenders' credit review on borrowers. The existing review contents are mostly limited to personal identity information, work certificate, bank flow, fund use and contact information, but the above information is easily forged in the network, and the information reviewer does not have complete identification ability, which is likely to lead borrowers to flee by relying on forged information to defraud the loan. At the same time, peer-to-peer lending operators will also embezzle lenders' funds, resulting in "empty buildings" and investors' interests cannot be guaranteed.
(4) It is easy to cause stakeholder crimes. Peer-to-peer lending has many people involved, a wide geographical area, strong concealment, a vacuum in supervision and imperfect credit review, which provides a protective barrier for stakeholder-type economic crimes such as illegally absorbing public deposits and fund-raising fraud, and at the same time increases the difficulty for public security organs to investigate and crack down on crimes, which is extremely harmful to society. Without the approval of the competent authority, it is a crime of illegally absorbing public deposits to absorb a large amount of funds from unspecified objects in society in a way that exceeds the statutory interest rate. If the illegally raised funds are squandered, escaped, used for illegal and criminal purposes, etc., with the purpose of illegal possession, it constitutes the crime of fund-raising fraud.
(5) High return on investment induces high-interest lending. Article 175 of the Criminal Law stipulates the crime of loaning at high interest. Through negotiation, the interest rate level finally established by both parties in peer-to-peer lending mostly exceeds 4 times of the bank loan interest rate of the same period and grade. The high return on investment will inevitably induce people who are short of funds but want to take advantage of opportunism to obtain credit funds from financial institutions, and then transfer the funds through the peer-to-peer lending platform to seek benefits, thus constituting the crime of lending at high interest.
3. Countermeasures for prevention and control of economic crimes in P2P network lending
(1) Change management ideas and attach importance to the self-circulation system of market economy. Direct government regulation does not necessarily bring better results than solving problems by markets and enterprises. Therefore, we should regulate private lending behavior through legal means rather than rough administrative intervention, give full play to the regulatory role of the market, and minimize the excessive interference of public rights in the operation of private rights, so that they can find a road suitable for their own development through exploration.
(2) speed up the formulation and improvement of relevant laws and regulations. Through the formulation of "Regulations on Money Lenders" and "Administrative Measures of peer-to-peer lending", the nature, status, organizational form, supervision subject, operation norms and entry and exit mechanism of peer-to-peer lending are specified in detail, so as to guide the industry to develop in a healthy and orderly direction. At the same time, it can also provide judgment basis for law enforcement agencies, so that there are laws to follow and the abuse of administrative power can be avoided. At the same time, the existing laws should be revised, the boundary between crime and non-crime of private financing behavior should be pointed out, and the key points to be cracked down should be clarified.
(3) Establish an effective user identification mechanism. Accurate verification of users' personal information is a necessary prerequisite for peer-to-peer lending to become bigger and stronger. Operators in peer-to-peer lending should fulfill their corresponding social responsibilities and undertake the obligation to prevent illegal and criminal activities within their capabilities. Accurately verify the user's identity information, source of funds, purpose of loan, social relations, credit history, interest rate level and repayment situation, and notify the relevant functional departments in time if any abnormal situation is found, so as to prevent problems before they happen.
(4) strengthen the construction of network security. Peer-to-peer lending process will involve users' personal privacy and personal property rights. Therefore, it is necessary to upgrade the confidentiality technology of customer information in peer-to-peer lending, so that the personal information involved in the transaction process can be destroyed in time, and the emergency plan for customer information leakage can be formulated. Once information leakage occurs, it should be handled in time to minimize the loss.
(5) Pay attention to the collection of electronic evidence. Peer-to-peer lending's activities are mostly completed through virtual network platforms, so electronic evidence has become the key evidence type to support litigation proof activities. Because electronic evidence is easy to be destroyed, easily changed and difficult to be extracted, peer-to-peer lending operators should do a good job of backing up relevant transaction records in order to improve the awareness of electronic evidence extraction and protection.
(6) The network supervision department of the public security organ has stepped up supervision. The public security organs make use of their existing network supervision advantages, set scientific and reasonable supervision indicators, build a long-term mechanism to simultaneously crack down on and prevent illegal financial activities, conduct real-time dynamic monitoring on the websites operated by peer-to-peer lending, and check with other departments in time if any abnormal situation is found, so as to nip stakeholder-type economic crimes in the bud.
(7) Intensify social propaganda and expose the common tricks of criminals. Based on the profit-making psychology, the public may ignore the illegal nature of related behaviors, and carry out multi-level and multi-angle publicity on the common types, modus operandi and dynamic characteristics of crimes through TV, radio, newspapers, internet and other media, so as to enhance the people and relevant units' ability to distinguish and prevent, and urge them to consciously resist criminal activities.
(8) explore more extensive and diversified investment channels. The high-pressure regulation and control policy of the real estate market has discouraged many would-be investors. The stock market downturn has disheartened the mass investment groups, the inflation rate has risen, the profit return rate of industrial investment is low, and other investment products are far from the public's field of vision, making some investors enter the peer-to-peer lending field. Therefore, opening up new investment channels and creating a good investment atmosphere are also feasible measures to disperse risks in the field of private lending and improve the investment and financing environment.
—— The customer service of Granula Loan will serve you wholeheartedly—