Abstract: Internet finance is the product of modern information technology and traditional finance, and its essence still belongs to finance. With regard to the standard of entry crime of Internet financial innovation risk, China’s academic circle will draw different conclusions based on the view of traditional criminal law and risk criminal law. In the background of focusing on the function of maintaining social order, the criminal resposibility should be abided by, and the standard of internet financial innovation risk must be limited in " the real harm and danger” and commitment to the development of market economy, finance, law. Only under the circumstances of the risk turning into the real harm or danger, can the intervention of criminal law be considered. Thus pure risks are guided only by former criminal regulations or policy.