美国essay写作--Criminal law on online lending

1、留学生写作网（）-专业留学生作业辅导中心留学生写作网（pnstudy）为留学生提供高效、优质的论文服务美国 essay 写作-Criminal law on online lendingNetwork lending is the network of private lending, which has more advantages in capital lending by virtue of the openness of the Internet. Meanwhile, problems existing in private lending have also been magnified in network lending. The law should not remain silent when online lending platforms illegally provide lending services beyond the service scope of their “intermediary“ platforms. Tolerance require

2、ment of the criminal law in criminal law field in other law cant regulate when required by the intervention and the principle of a legally prescribed punishment for a clear stipulation for crime may apply, criminal law regulation for restraint in the network of borrowing. However, network lending is a new type of private lending, and the regulation means of criminal law on illegal private lending can be applied to network lending. The illegal absorption of public deposits in online lending shoul

3、d be regulated by the crime of article 176 of the criminal law.Network lending is a new way of borrowing, which is the subversion of traditional private lending or the extension and development of traditional lending. Traditional private lending refers to offline transactions, while online lending breaks the limitation of offline transactions and expands transactions into virtual networks. The lending method through the network platform is no longer limited to a certain region or a certain field

4、 of borrowing and lending, and its influence scope is any social individual or organization that has access to the network terminal. There is no doubt that the result of the development of information technology has greatly expanded the scope of the “main body“ of the borrowers and lenders, but the risks in the virtual world of the network cannot be ignored. Network borrowing is online transaction, both parties do not need to “face to face“, once the order is placed, the money for delivery after

5、 completion of one party break for the contracting counterparty will lead to economic losses, the inevitable difficulties and network trade is difficult to find real transaction both sides. If a dispute is brought to court, the validity of the contract of online loan treaty and the evidence of various kinds of loan, its legal effect cannot be fully recognized under the existing legal framework. This brings huge risks to the legal liability of the breaching party. At the same time, online lending

6、 is a “grey area“, and online lending platforms will face legal challenges if they exceed the legal business scope. The provisions in article 176 of the criminal law that the crime of illegal absorb public deposits, it is regulation of illegal absorb public deposits, facing the development of The Times, the law should make corresponding with progress, for network illegal absorbing public deposits behavior of borrowing, this crime, of course, the application of the force. The law is dead, but the

7、 application and interpretation of it should be alive. This article through the analysis of the various characteristics and problems of lending to emerging means, exploring how the crime of illegal absorb public deposits in a new way of borrowing is applied, to keep pace with The Times of the criminal law the ability to deal with problems, resolve social risks.留学生写作网（）-专业留学生作业辅导中心留学生写作网（pnstudy）为留学生提供高效、优质的论文服务Borrowing money is Shared a form of reasonable distribution of funds, it is abundant t

8、o people by “borrowed“ lend capital demanders, the extra money and the shortage of funds is through “borrow“ access to their own needs a lot of money. Both lenders and borrowers meet their own needs by borrowing, which also drives economic circulation and even promotes economic development to a certain extent. Traditional way of borrowing have official folk lending and borrowing, and official borrowing refers to the financial institutions that have legal deposit-taking, lending money permissions

9、 of a bank or other non-bank financial institutions lending activity; Private lending in August 6, 2015, issued by the supreme peoples court of the supreme peoples court on some issues of applicable law in private lending cases regulations before has no corresponding laws and regulations clearly regulate private lending activities, make the folk lending in the change of legal and illegal. After the promulgation of the regulations, there was a normative legal basis for private lending. However, compared with offline private lending, online lending still faces great legal difficulties.Online Internet lending is carried out by taking advantage of the extensibility and accessibility of the Internet. It is hard to imagine the popularity of the Internet in the information age. Of course, there is a population base problem, but the reality of Chinas Internet power cannot be denied. The life of citizens

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