A Study On The Crime Of Usury

Nowadays, the private capital market in our country is turmoil, the problems caused by usury is serious and it becomes frequently of the civilian usury. All of these seriously disturbed the financial market order. There are some profound reasons at the either point station of the lenders or borrowers. At the point of lenders, there are no specific Gregory lending crime in the existing criminal laws. The Gregory lending crime problem becomes a problem of public concern while the civil usury case become more and more active. The substantive departments has regard the usury as criminal,these has raises theoretical and substantive departments to discuss and further explore that whether the criminal code should add the crime of usury. It has appeared in the ancient times that the Gregory lending get capital. Generally speaking, the Gregory lending with the characteristics of high interest rates, large loan amount,covert operations, many lending body and wide influence is different from the formal financial system.It has great harm though under certain circumstances it can save the problem of lack of capital supply and break the financial monopoly. In recent years,with the advancement of the country’s financial reform,the civil usury lending become a common phenomenon. In order to prevent a normal private lending turned into Gregory lending,and harm the market order,there is necessary to have a knowledge of it. Although there is no criminal law stipulate Gregory lending crime,but has regard the deposits from the public and financial fraud crime. Though these kinds of illegal fund-raising is not appears as a high interest loan, they are generally accompanied with usurious. Our current criminal law does not set specific Gregory lending crime,but regard the illegal withdrawal of cash in the bank and lend it to someone others to gain a high interest.But there is no specific define of the private funds. Nowadays,the usurious become more and more active. The substantive departments has regard the usury as criminal,these has raises theoretical and substantive departments to discuss and further explore that whether the criminal code should add the crime of usury.Gregory lending and borrowing is actually a problem of both ends. The development of either of them will deteriorate the usury,both of them influence the governance of the usury crime.But if one of them is solved,the other will also reflecting.Usurious crime is not Usurious itself constitute a crime, but borrowers at high interest rates as bait, crimes accompanied with illegal fund-raising. Because the Criminal Law does not provide for a crime due to the Usurious charges, but only provided to meet certain lending practices constitute a crime, mostly illegal fund-raising class crime. These illegal fund-raising category of crime, while not meet with the high interest rate loan of manifestation, but from the analysis of the large number of cases found in practice, many fund-raising crime category borrowers showed promise Gregory return in order to absorb, defrauding the public savings. To study the problem of usury-related crime, it is necessary to discussed the illegal fund-raising case accompany with the Usurious. The Study of such Usurious crimes involving illegal fund-raising type is to jump out of the perspective of lenders and from borrowers dimensions. Explore the reasons that Usurious results in illegal fund-raising type of crime, criminal usury multidimensional look for causes of the problem to find the usury-related offenses countermeasures.Since the high interest rates to lend problems and the illegal fund-raising crime problem which is related to the high borrowing are so serious, the important and urgent part of theoretical research is to find the useful measures to solve the problem. We can not rely on one way to solve the problem which is related to usury crime and must take actions systematically, according to the characteristics of the high interest rates to lend and the reason of crime.We should pay attention to three aspects at the present stage. First, the whole financial system need to be more perfect, because the market is demand for the folk usury. Second, the government need to strengthen the supervision and establish risk warning mechanism.Informal financial institutions lack of regulation.Finally, the imperfect of current civil law and the defection of criminal law, we need to perfect relevant legislation, including setting the folk lending laws and added in the criminal law, perfect the legal system. Currency is profit-driven but the existing financial system is not perfect, the folk lending appears various problems, so improving the financial system will be the first step of management. Although there are some financial monopoly problems in contemporary China, usury is breaking the financial monopoly and play an important role in providing fund for micro, small and medium enterprises. But we still need to pay attention to harm of high interest rates to lend behavior and the illegal fund-raising crime problem which is related to the high borrowing. Usury is common under the condition of market demand and a large number of micro, small and medium enterprises will be able to accept higher interest rates.Usury problems simply into crime processing violates the demand of the market main body, not conforms with the fundamental interests of the market main body, is not conducive to governance. So governance usury illegal lending and financing type of crime, must improve the market-oriented of the folk lending financial system. Give priority to the market, a reasonable guide, perfect the system of private fund will become very important.The risk control ability of private fund is poor, the problem of usury will need the government regulation, and the government has to establish an effective risk warning mechanism and improve the regulatory system. The reason why the usury can destroy financial management and illegal fund-raising crime of high borrowing is the lack of legal constraints, so the governance law shall be investigated for usury problems. Make it clear the scope of crimes of criminal responsibility.First of all, beyond the civil legal means to adjust the scope to use criminal law. Second, punish borrowing litigation difficulties in practice.legal rights can not get protection, ensure that lenders maintained legitimate rights. With high interest rates on criminal norms, it often constitutes illegal fund raising, China’s criminal law has the crime of illegal absorb public deposits, fund-raising fraud charges related to setup,Shall be investigated for criminal responsibility.For high interest rates to lend,Only high rolling of charges in the current criminal law in our country, but in interest regulation of rolling of sin crime ring is too small.It cannot suppress the harm of high interest rates to lend effectively,if we want to solve the problem of interest of lending and borrowing usury. We need the reasonable design of the civil law, form a complete set of additional lend usury,connect the civil law and criminal law.