P2P platform has run away, should operators bear criminal responsibility?

Whether to bear criminal responsibility can be divided into the following situations:

1, the platform runs away, and the operator does not participate, so there is no need to bear criminal responsibility.

Ordinary operators just work and don't know the real operation of the company and the flow of funds. The platform operates according to law, and does not constitute any illegal acts in the course of operation. If the platform does not violate the criminal law, it does not need to bear criminal responsibility. However, if the platform closes down due to poor management, it needs to bear corresponding civil liability.

2. Operators know that the platform is illegal, and they participate in it when they run, and they also know that the law is illegal. This is a certain criminal responsibility.

Article 30 of China's criminal law stipulates: "Companies, enterprises, institutions, organs and groups that commit acts that endanger society shall bear criminal responsibility if the law stipulates that a crime is committed by a unit. If the operator and the company's top management are involved in crimes, knowing the law and breaking the law, they need to bear criminal responsibility.

Before investing, investors should know the platform to invest in detail, and don't be confused by high interest rates and various so-called security guarantees. They should try to choose a platform with good reputation and high industry ranking, diversify their investments and pay close attention to the situation of the platform. Once they find anything unusual, they should evacuate in time. If the platform runs away, they should keep the evidence and report the case to the public security organ in time.

Extended data

Measures taken against p2p running

First, establish a blacklist of P2P platform managers in the credit information system, take measures to restrict entry for those with financial criminal records, restrict those who enter the blacklist from taking public services such as trains and planes, and pay a certain deposit when leaving the country.

Secondly, by counting the employees and platform data of all P2P platforms in China, a P2P big data system can be formed to detect P2P platforms in real time, and the responsible person can be controlled and the relevant assets involved can be seized in time for the problematic platforms;

The third is to deal with the current running events strictly and severely, strengthen the monitoring of platforms that are difficult to withdraw cash, collect data to investigate whether there is a crime and eliminate hidden dangers;

Fourth, strengthen P2P propaganda management, prohibit false and exaggerated propaganda, improve P2P access threshold, and prohibit using false background to deceive people. I am a victim of the platform, and the leader of the other party is a graduate of political science and law. I have a deep knowledge of the law, constantly using legal loopholes to delay time, not running away and not cooperating, and also falsely propagating and delaying economic investigation.

References:

China Government Network-Strengthen the real-time monitoring of P2P platform