Prevention and control of criminal legal risks of Internet finance 1. Related Risk Reasons In view of the above-mentioned risk events, the author believes that the related risk reasons mainly include the following three aspects: First, the reasons of employees. In all social production and business activities, including internet finance, people are always the most active factor. However, as the saying goes, "success is Xiao He, failure is Xiao He". When employees have problems, it is often the time when institutions are caught in the whirlpool of legal risks. For example, employees take advantage of their positions to illegally obtain and buy customer information, embezzle unit assets and misappropriate customer funds. , may trigger the above legal risk events. Second, the employees themselves. Practitioners are the main body of Internet financial activities. If employees violate the rules or operate illegally, or fail to identify and analyze potential risk events in time, or fail to take reasonable countermeasures when risk events occur, it will undoubtedly have a serious adverse impact on their business activities, and even more seriously will cause a devastating blow to employees. Third, the reasons of the third party. As an external cause, the reasons of the third party are often combined with internal causes (that is, reasons from institutions and/or their employees), leading to the occurrence of criminal legal risk events. Take P2P platform in peer-to-peer lending as an example. When the financier on the platform uses the platform to illegally raise funds, but the platform fails to identify it in time, or deliberately cooperates, or fails to make reasonable information disclosure and risk warning to investors, the platform will bear the liability for damages and criminal liability. 2. Relevant risk prevention and control measures Suggestions In view of the above-mentioned Internet financial criminal legal risk events and their causes, combined with my own legal service experience, the author believes that the following measures can be taken to help practitioners prevent and control criminal risks. First, strengthen legal training and warning education for employees. People often say that "ignorance is fearless", and the weak legal concept and the existence of luck psychology are often the main reasons that induce some employees to violate the regulatory red line and trigger risk events. Therefore, it is of great significance to carry out targeted legal training and warning education for relevant employees, improve their awareness of law-abiding, guide them to practice according to law, and prevent and put an end to illegal acts. Second, assist employees to establish and improve relevant risk control systems. According to the Guiding Opinions, various systems should be established to carry out Internet financial activities, including the third-party depository system of client funds, information disclosure, risk warning and qualified investor system, consumer rights protection system, network and information security system, anti-money laundering and prevention of financial crimes. The above system is not only the basic requirements of the regulatory authorities for employees, but also an important risk control degree to improve the ability of employees to resist and prevent risks. Therefore, institutions should actively establish and improve the above systems in terms of emotion and rationality, public and private. In this process, lawyers can provide corresponding legal aid and support for practitioners. Third, draft and review relevant agreements and documents. In the specific business development process, it often involves a large number of agreement signing and document publishing activities. These agreements and documents not only reflect the will of employees, but also have corresponding legal binding force on employees. If there are contents in these documents and agreements that exceed or are suspected of exceeding the regulatory red line, it will inevitably put the institution in danger, and may even become the reason and basis for investigating the criminal responsibility of the institution and its employees. Therefore, it is necessary for institutions to be cautious about signed agreements and documents, and when necessary, arrange professional legal personnel to assist in drafting and auditing, strive to ensure that the business activities of institutions are legal and compliant, and strictly control legal risks. Fourth, conduct special legal analysis for specific business matters. Internet finance encourages innovation, which not only broadens the business scope of financial services, improves the service level and brings new profit growth points, but also implies legal risks beyond supervision to some extent. Many times, "innovation" itself means taking risks. Spiders and crabs have eight legs. Who can guarantee that he will always be the first person to eat crabs, not the first person to eat spiders? Therefore, it is not only helpful to guard against legal risks, but also conducive to the business innovation of Internet finance to conduct corresponding legal analysis on specific business matters and properly demonstrate the potential legal risks and the compliance and legality of the business itself. Fifth, in view of specific risk events, timely carry out crisis response work. We cannot completely rule out the occurrence of specific risk events. When a specific risk event occurs, the institution shall promptly set up a professional team to carry out crisis response. Including but not limited to: (1) assist employees to find out the relevant facts of risk events, clarify the cause of the events and the responsible subjects, and preserve relevant evidence materials according to law; (2) assist employees to actively cooperate with the investigation work of the competent department; (3) As an agent or defender of this institution, actively participate in litigation cases caused by risk events, put forward opinions and propositions to reduce the legal liability of this institution according to law, safeguard the legitimate rights and interests of this institution, and avoid further expansion and aggravation of the negative impact and harmful consequences caused by risk events. The above is about this legal knowledge, I hope I can help you. 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