互联网金融灰色产业链的法律治理

While Internet brings convenience to life, internet financial grey industrial chain grows increasingly. China’s Internet Network Security Situation Report, 2017 shows that the trend in this field is still serious. At present, the theoretical and practical communities have not formed a unified and clear view on the definition of internet financial grey industrial chain, which has restricted the research on this issue. The author proposes that, the internet financial grey industrial chain refers to the underground industrial chain that illegally provides goods or services for participants of internet financial transaction through loopholes of regulations or laws, which endanger the security of Internet finance. The internet grey industrial chain has following characteristics: (i) organized, specialization and scale；（ii）forming the distribution of upper, middle and lower reaches；and (iii) long interest chain is attached. The strong dependence of the industry means it attaches internet finance tightly, and the internet financial grey industrial chain has certain connections with crimes of invasion of wealth, financial crimes and computer network crimes. In China, it adopts the mode of “qualitative and quantitative” in criminal investigation, which makes the response and governance of criminal law in this field is not optimistic. Therefore, with the rapid development of internet today, we need to make it become stronger in positive aspects through governance. The current internet financial grey industrial chain in China should be governed from the perspective of national financial security and information security while transplanting the experience of other regions and countries. We should also focus on the process, characteristics and problems of the Internet grey industrial chain. Then, we will strengthen the construction of a legal implementation mechanism for the Cyber Security Act and clarify the responsibilities of manufacturers, intermediaries and e-commerce platforms in the interest chain. We will tighten the judicial system, expand the scope of application of the civil protection order, increase the rate of application of the employment prohibition for employees working in the internet financial grey industrial chain, and raise the standards for the use of fines and penalties. We will further strengthen special governance over interconnection, cooperate with multiple departments to enforce the law comprehensively, and establish an efficient and cooperative case handling mechanism. At the same time, we will also enhance citizens’ awareness of self-protection and the sense of responsibility of service providers through various means. Finally, this paper systematically discusses the governance countermeasures of the internet financial grey industrial chain in China, and takes both prevention and punishment in this field as a systematic project.