P2P网贷是传统民间借贷与互联网的集合,商业风险与道德风险叠加性相对明显。P2P网贷行为的异化诱发了非法吸收公众存款、集资诈骗、非法经营等风险交叉与刑事责任的“连锁反应”。P2P网贷金融风险的刑法规制,应遵循“宽严相济”基本刑事政策的指导,注重不同规制手段之间的合理运用,平衡金融安全与金融效率、自由、创新之间的冲突。在附属刑法与刑法典并行的“双轨制”刑法规制模式之基础上,一方面要建立起“严而不厉”的罪刑体系,另一方面还要注重刑法规制与金融监管的配合与衔接。 Peer-to-peer lending is a collection of traditional private lending and the Internet. The superimposition of commercial risk and moral risk is relatively obvious. Alienation of peer-to-peer lending behavior has triggered a “chain reaction” that illegally assimilates risks such as public deposits, fund-raising and fraud, and illegal operations. The criminal law and regulation on P2P network financial risks should follow the guidance of the basic criminal policy of “leniency and leniency,” pay attention to the rational use of different regulatory means, and balance the conflict between financial security, financial efficiency, freedom and innovation. On the basis of the parallel criminal law and the criminal law regulating model of “dual system”, on the one hand, we should establish the system of crime and penalty which is “strict but not rigorous”, on the other hand, we should also pay attention to the cooperation between criminal law and financial regulation And convergence.