| Recent years, along with the rapid development of market economy and frequent financial capital flow, there turned up many kinds of economic innovation. Besides, the traditional financial institutions, especially the banks, are not that achievable in lending money to some economy entities, because of its strict scrutiny standard and macroeconomic economic policy. Based on these, deposit and loan crimes behaviors became more an more rampant and diversified, which made it difficult to distinguish between crime and non crime, this crime and other crime.In order to make it controllable to circulate and distribute financial capital, the 175 th stipulate of Criminal Law regulated the Crime of Enlending at High Interest Rate. However, there have been still lots of controversial issues in its judicial application since its establishment. In addition, criminal suspects always took measures to avoid from punishment, which made it appears diversified, various and complicated. As one kind of loan crime, it is necessary to compare the Crime of Enlending at High Interest Rate with the crime of fraud of the loan and the crime of defrauding loan, because of their similar objects, behaviors but subtle difference in legislative intentions.Besides the introduction and conclusion, the article is divided into three chapters.The first chapter mainly talked about the controversial issues among subjective elements. In subject aspect, the Crime of Enlending at High Interest Rate is a directly intentional crime with an aim of seeking profits which must arise before the whole behaviors, including “defrauding” and “transferring”. As for the “profit”, it’s not only the interest spread, but also other substantial profit, not only the actual achievement, but also expectant one. In a word, it involves all of the profit can be measured by money. In subject, except the financial institutions engaged in credit business, all the entities, including other financial institutions, could commit this crime. As for individuals working in financial institutions, if they didn’t get loans through duty conveniences, it would be judged as the Crime of Enlending at High Interest Rate. By the way, if there’s conclusion between more than one person, they would commit a joint offence.The second chapter mainly talked about the controversial issues among objective elements. In object aspect, the Crime of Enlending at High Interest Rate contains two connective behaviors, “defrauding” and “transferring”. No matter what the person fabricates or conceals, there’s no difference in identifying “defrauding”. And it would be identified as “high credit” only if the interest asked was higher than the actual one.Besides, not only banks, but also “quasi financial institutions” such as small loan companies can be identified as “financial institution” in this term.In addition, this chapter also analysed some typical forms of the Crime of Enlending at High Interest Rate. And as far as I am concerned, the key to distinguish crimes from these behaviors is finding out the illegal aim.The third chapter mainly compared the Crime of Enlending at High Interest Rate with the crime of fraud of the loan and the crime of defrauding loan, including the similarities and differences in legislative intention and constitution of crime.At the end of the article, it referred to the prospect of the Crime of Enlending at High Interest Rate, combined with some proposal came up from economists that this crime should be modified or even abolished aiming to match for the development of financial innovations such as small loan companies. However, the suspect of the Crime of Enlending at High Interest Rate always defrauds financial capital by concealing truths and hiding facts. According to laws and regulations nowadays, small loan companies have the qualification to lend others money, which is different from the crime essentially. In addition, taking consideration of the abuse of loan by individuals, it is also necessary to forbid such behavior in the Criminal Law. |
PDF Full Text Request