Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms
Abstract
At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.
Acknowledgements
Funded by Chinese Law Society 2018 Ministerial Legal Research Project “Research on Criminal Regulation of Illegal Fundraising Behavior on P2P Network Platforms”.
References
Chen, Wei. 2019. Research on criminal investigation of illegal fund raising in online P2P lending. Journal of Jiangsu Police Institute 34(1). 76–81.Suche in Google Scholar
Cheng, Le, Mingyu Gong & Jian Li. 2017. Conceptualizing cultural discrepancies in legal translation: A case-based study. Semitoica 216. 131–149.10.1515/sem-2015-0083Suche in Google Scholar
Cheng, Le, Jiamin Pei & Marcel Danesi. 2019. A sociosemiotic interpretation of cybersecurity in U.S. legislative discourse. Social Semiotics 29(3). 319–335.10.1080/10350330.2019.1587843Suche in Google Scholar
De Rivera, Javier, Ángel Gordo, Paul Cassidy & Amaya Apesteguía. 2017. A netnographic study of P2P collaborative consumption platforms’ user interface and design. Environmental Innovation and Societal Transitions 23. 11–27.10.1016/j.eist.2016.09.003Suche in Google Scholar
Deng, Chao. 2019. Analysis of the criminal law intervention path of the development of internet finance: Taking the regulation of P2P online lending behavior as entry point. Hebei Law Science 37(5). 162–177.Suche in Google Scholar
Hu, Tao. 2018. Analysis on criminal governance of illegal fund raising in P2P Network loan platform. Democracy and Science 6. 41–43.Suche in Google Scholar
Huang, Fang. 2018. Analysis of the illegal fund-raising conviction. Journal of Law Application-Judicial Case 24. 76–82.Suche in Google Scholar
Jia, Rong. 2019. Research on the investigation and prevention of internet financial crime under the background of deepening regulation. Journal of Hubei University of Police 2. 85–92.Suche in Google Scholar
Lai, Lihua. 2016. On the defects, harmfulness and perfection of China’s network loan supervision system. Journal of Nanchang University (Social Science Edition) 6. 76–83.Suche in Google Scholar
Li, Jian & Yuxiu Sun. 2019. Meaning construction in legislative discourse: A sociosemiotic interpretation on supervision system reform in China. Social Semiotics 29(3). 393–405.10.1080/10350330.2019.1587849Suche in Google Scholar
Li, Xiaoming. 2015. Criminal control to the P2P loans through Internet. Legal Science 6. 93–102.Suche in Google Scholar
Li, Yongshen & Dongyang Hu. 2016. Research on criminal regulation system of P2P network lending. Politics and Law 5. 38–47.Suche in Google Scholar
Ling, Xiao. 2018. Legal risks of P2P lending and its prevention. 4th International Conference on Economics, Management, Law and Education (EMLE 2018). Advances in Economics, Business and Management Research 7. 753–758.10.2991/emle-18.2018.144Suche in Google Scholar
Liu, Quan. 2014. Research on P2P network lending crime and its criminal law governance. Journal of People’s Public Security University of China (Social Science Edition) 6. 150–156.Suche in Google Scholar
Liu, Weibo. 2011. Understanding and application of “interpretation on several issues concerning the specific application of law in the trial of criminal cases of illegal fund raising”. People’s Justice 5. 24–31.Suche in Google Scholar
Liu, Xianquan. 2017. The logic and law of criminal legislation of financial crimes in China. Politics and Law 4. 21–35.Suche in Google Scholar
Mei, Teng & Erpeng Yan. 2016. Criminal law intervention on transformation of P2P online loan credit: A standpoint of the substantive interpretation of the illegally absorbing public deposits crime. Journal of People’s Public Security University of China (Social Science Edition) 2. 78–84.Suche in Google Scholar
Pan, Hongying. 2018. The status quo of P2P Internet illegal social financing funds: A judicial audit case of a P2P online lending financial platform in Beijing. Theory Research 12. 104–105.Suche in Google Scholar
Shao, Na, Xiaokun Li, Hongxu Chen & Yongliang Zheng. 2018. Criminalizing P2P online fund raising: Limit and approach. Journal of Harbin University 39(12). 38–40.Suche in Google Scholar
Sun, Yuxiu & Le Cheng. 2017. Linguistic variation and legal representation in legislative discourse: A corpus-based multi-dimensional study. International Journal of Legal Discourse 2(2). 315–339.10.1515/ijld-2017-0017Suche in Google Scholar
Tang, Xianyue. 2019. Research on criminal regulation system of P2P network lending behavior. Social Science in Heilongjiang 1. 119–124.Suche in Google Scholar
Wang, Feimin & Zhiqi Zhou. 2015. The failure of rule of P2P network lending and law response. Journal of China University of Mining & Technology (Social Sciences) 1. 32–38.Suche in Google Scholar
Xiao, Yi. 2019. Study on the P2P net loan platform’s touching the red line of illegal fund-raising crime in China. Law Science Magazine 1. 98–105.Suche in Google Scholar
Xie, Tian. 2019. Research into government supervision of P2P network loaning. Journal of Shanghai Police College 29(1). 28–38.Suche in Google Scholar
Xuan, Gang & Qingguo Wang. 2014. Application of criminal law in P2P network lending crime. Journal of Shandong Police College 6. 45–51.Suche in Google Scholar
Zhu, Weiyi. 2013. Comparison of Chinese and American laws on illegal fund raising. International Finance 11. 54–59.Suche in Google Scholar
Zhu, Zhengfu. 2015. “The crime of illegally absorbing public deposits” should be abolished as soon as possible. The Beijing News, (Beijing 10 March 2015).Suche in Google Scholar
© 2019 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- research-article
- #MeToo: A tentacular movement of positionality and legal powers
- Framing terminology in legal translation
- Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms
- Features of the language of law: A comparative study of Polish, English and Indonesian legal texts
- When is she a woman?: Gendered subject forming language in TRAP laws
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Artikel in diesem Heft
- Frontmatter
- research-article
- #MeToo: A tentacular movement of positionality and legal powers
- Framing terminology in legal translation
- Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms
- Features of the language of law: A comparative study of Polish, English and Indonesian legal texts
- When is she a woman?: Gendered subject forming language in TRAP laws
- The Web as a legal language resource