刑法对于个体网络借贷平台的规制作用

The Regulation of Criminal Law on Individual Loan Platform on Network

个体网络借贷平台是对商业银行及传统金融机构的补充,对于我国金融领域的发展具有重要意义。投资人是金融行业的上游环节,因此保护投资人权益是维护行业发展的关键因素。但个体网络借贷平台的资金密度高且监管效率低,因此该领域存在诸多侵害投资人权益的问题。刑法的规制效力较强,依托刑法开展行业整顿可使投资人权益得到保障。基于这一认知,对个体网络借贷平台的发展以及突出问题进行分析,并依据刑法规定,探究具体的规制路径。

Individual network lending platform is the supplement to commercial banks and traditional financial institutions. It has great significance for the development of China^s financial field. Investors are the upstream link of the financial industry, so protecting the rights and interests of investors is the key factor to safeguard the development of the industry. However, due to the high capital density and low supervision efficiency of the individual network lending platform, there are many problems that infringe on the rights and interests of investors in this field. The regulation effect of criminal law is strong, and the rights and interests of investors can be guaranteed by carrying out industry rectification relying on criminal law. Based on this understanding, through the analysis of the development and outstanding problems of individual network lending platform, and in accordance with the provisions of the criminal law, explore the specific regulatory path.