| Since ancient times, Gregory borrowing has been of great concern, especially in recent years the prevalence of Gregory due to Gregory borrowings Frequency cause harm to society, which aroused the hope that to sanction Gregory lending practices through legal means even the most powerful means of criminal law. If we can use the criminal law to regulate Gregory lending practices, what are the principles, and by which way should we use. These are questions need to be explored by scholars and judicial practice. Base on the controversial of whether criminal law Intervention Gregory borrowings Regulation, yet a unified system, and the urgency of the need to resolve this problem, the author decided to take it as the master’s thesis topic to make silk micro-contribution as a feedback to seven years learn of criminal law. Against questions proposed above, I make a research from phenomenon to nature, from questions to solutions. Before we solve them, we define that Gregory borrowings behavior is a private lending behavior that is four times higher than the same type of loan interest rates of banks in the same period. Gregory lending is essentially a form of expression that has specific social environment and historical inevitability. It promotes the economic growth in a certain period of time of our country, makes up the deficiencies of financial system and provides adequate funding for the development of small and medium-sized enterprises, which has positive significance of economic. But its complexity and privacy also make destruction of the nation’s financial regulatory order, resulting in loss of state assets and loans that cause irreparable harm. Because of this dual property, academic can not form a conclusion. There are two converse views. The former make Gregory lending practices within the scope of criminal regulation and put forward two modes of regulation:the crime of illegal business and the creation of a special crime of usury. The latter is against the Criminal Gregory lending practices in the regulatory process. The solution to this problem should belong to the field of economics, and advocated legal regulations through the improvement of civil and economic legislation. On the basis of analysis of the concept of Gregory borrowing, nature and the legal regulation of the status quo, I think there should be adopted dialectical point of view to look at Gregory borrowing behavior and divided it into general Gregory borrowing behavior and extremely serious Gregory borrowing behavior. The latter, called "usury", shall be carried out by the criminal law regulation. According to the nature of the performance of Gregory lending practices and considerations, the following part establishes the usury behavior criteria, including high interest rates, lending subject, sources of funding, the purpose of the loan, the recovery of behavior and the number of lending through a comprehensive analysis of what behavior usury should be subject to criminal law regulation. Usury areas of criminal law regulation, it is necessary to solve the problem of the regulatory path. With the analysis of the existing criminal law on the crime of Gregory lending, this thesis finds out the crime of lending, special principal crime, the crime of gambling, the crime of illegal business, and violation of civil rights chapter criminal to be extremely serious criminal usury regulation, without resorting to the creation of a special crime of usury way to carry out the work of the criminal law on usury regulation. For the Gregory lending practices, the existing provisions of the criminal law can not be included can not be incriminating treatment but should fundamentally reform the financial system and improve the relevant civil legislation in the form of legislation and economic norms Gregory lending practices. Only integrated the use of economic means with political means and other kinds of legal means, can people fundamentally solve the problem of Gregory borrowings, and guide a sound development. |
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