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网络借贷包括个体网络借贷(P2P网络借贷)和网络小额贷款。网络借贷特别是P2P网络借贷频繁触及法律红线,主要涉及非法吸收公众存款罪、集资诈骗罪、洗钱罪等,其原因在于缺乏规范的模式和严格的审核制度,这需要行政监管与刑法规制的双重作用。在当前行政监管不断加强的情况下,网络借贷领域已经渐趋规范,为了保护网络借贷领域的创新性,刑法规制应当有所限缩。
Online lending includes individual online lending (P2P network lending) and online microfinance. Internet loans, especially P2P online lending, have frequently hit the red line of law. They mainly involve the crime of illegal public deposit deposits, fund-raising frauds and money-laundering crimes. The reason is that there is a lack of normative models and a strict system of examination and approval. This requires double regulation between administrative supervision and criminal law regulation effect. With the continuous strengthening of administrative supervision, the field of online lending has gradually become standardized. In order to protect the innovation in the field of online lending, the criminal law and regulation should be limited.