二次违法性理论下P2P网络借贷的刑事风险与防范

A Study into Criminal Risk Control in P2P Loan Network Based on Twice Lawbreaking Properties

P2P网络借贷是"互联网金融"时代的创新金融方式。就我国P2P网络借贷的十年发展而言,其凭借开放的金融政策和自身操作便捷、交易公开等优势,发展迅猛。但我国对P2P网络借贷的监管未及时跟进,该行业存在较大的刑事法律风险。为了保护金融创新的积极性,从刑法二次违法性的角度考察,对P2P网络借贷的监管应以前置法为主,刑事法坚持以客观解释做好防范。

P2P loan network is a new way of financial innovation in Internet financial times. In terms of Chinese P2P loan network development during recent ten years, it has developed rapidly with the advantages of opening policy, simple operation and transparent transaction. However, because the government supervision did not follow up timely, there exists high criminal risk in this industry. In order to protect the initiative of the financial innovation, considered based on Twice Lawbreaking Properties, the supervision on P2P loan network should rely chiefly on pre-law, and criminal law insists the Objective Interpretative Theory to prevent criminal risk.