The Innocence And Guilty Of Informal Credit

In our country, more private lending behavior from the perspective of civil and commercial mattersdiscussed with the Wu Ying case involving the outbreak of the private lending in criminal cases, all eyesgradually transferred to the field of civil criminal field. China’s Criminal Law for the Regulation of theprivate lending is mainly reflected in the Criminal Law Chapter of the crime of destruction of thesocialist market economic order. Judging from the existing literature can retrieve domestic investigatethe criminal aspects of the behavior of private lending is mainly characterized by three forms: First, inthe study of a crime or a kind of offense in passing, and mainly in the crime of illegal deposits from thepublic and two counts of financial fraud mentioned in the behavior of private lending. Second, in theillegal fund-raising behavior, acts of illegal fund-raising private lending behavior. Will only privatelending in which a research such as professor Xingliang Chen"On the issuance of the crime of Gregorygoods and criminal responsibility" in an article on private lending usury act was discussed, pointing outthat usury is violation of financial regulations, monetary or in kind, by virtue of their own hands,extending loans beyond the interest rates on the country’s financial regulations, profiteering behavior.And on this basis, to further clarify the design corresponding crime and specification:“Article XX:violation of financial regulations, for-profit, usury, at3years of imprisonment or criminal detention, andconcurrently or can be punished with fines gold circumstances are serious, at3to7years imprisonmentand a fine.”The criminal of domestic private lending behavior, but seldom separate private lending behaviorspecifically defined. At the same time, in judicial practice, with the explosive growth of criminal casesinvolving private lending, the courts tend to the boundaries of the crime or the most private lendingbehavior as a crime, ignoring the behavior of private lending.This article hopes to typical case occurred in recent years the private lending for import, based onthe definition of private lending to explore the behavior of private lending and illegal deposits from thepublic, raising the boundaries of the crime of fraud, hope private lending practice in criminal casesprocessing help.