Abstract: The development from finance internet to internet finance is a product of the change of times and ideas. The factor of internet has not transformed financial function and financial essence of internet finance, which determines the result that financial field is still the motive and target of administration and institution. The core controversies of internet finance lie not only in the legitimacy problem and risk assessment of internet financing, but also in the dis-conjunction and backwardness between prepositive regulation and criminal law. The basic mode of internet financing determines the diversified legal relationship and legal risk. The charges which are closely associated with internet financing behavior include the crime of illegally absorbing the public deposit, the crime of fraud in financing, the crime of establishing a banking institution without authorization and the crime of illegal business, which depends on the operation mode and actual behavior of internet financing platform. We shall stick to the basic theory of " illegality of second time" and keep the administrative illegality and criminal illegality a coherent unit. Consequently, we shall perfect supervision system of laws and regulations as soon as possible instead of utilizing criminal law cursorily.