关键词： 互联网金融, 刑法保障, 实体经济, 保障标准, 保障路径, P2P网络借贷

Abstract:

As a new financial activityin the internet era,internet finance plays a crucial role in the economical and social modernization in China.However it also faces the risks of internet financial crimes,law,and supervision.Legal safeguard should be provided and the standard of criminal law should be established to distinguish innovation of internet finance and relative crimes.Hazard to society,criminal illegality,excluding of crimes,and convicting of crimes should be taken into consideration in establishing the safeguard standard of criminal law.While excluding of crimes is beneficial to substantial economy and the economic and social development,convicting of crimes is of serious social harmfulness and criminal illegality,therefore it should be severely punished.Civil,commercial and administrative laws should be first applied in the supervision of internet finance,and criminal law should only be applied when they fail to safeguard internet finance.

Key words: internetfinance, safeguard of criminal law, substantial economy, safeguard standard, safeguard path, peer-to-peer lending