An Analysis Of Judicial Criminalization Of High Interest-rate Individual Lending

When our country has not yet under the background of the legislation of civil High Interest-rate Individual Lending crime,sanctions this behavior with "illegal business" has become a common phenomenon in the judicial circle.This phenomenon origins from the case of Wuhan Tu X,Hu X, After this case, many places of our country have already appeared the trend of criminal justice, the generality of the phenomenon not only leads to all over the country judicial disunity phenomenon, but also is deeply concerned by the parties; and the academic circles can’t stop dispute it. What’s the judicial organs have done is appropriate or not, is whetehr conducive to regulate market order,is whether conducive to economic development is a problem that needs to be solved. I try to incriminate the behavior of High Interest-rate Individual Lending and give a reasonable idea of individual judicial practice recommendations. This paper is divided into four partsThe first part is the concept of High Interest-rate Individual Lending and the relative content of a comb, In order to facilitate a better grasp of the things,understand a thing must clarify its features and sources.This part of the main contents makes a note of civil High Interest-rate Individual Lending concept, the standard of definition, the origin and table form. In addititon,I will classify the civil High Interest-rate Individual Lending according to official documents, in order to clarify the object criminal regulation will be discussed below.The second starts from the first case:Wuhan TuX, HuX case,basing on the detailed description of the facts and the case analysis, I collects parts of the cases and Google, baidu this two big data platform and analyse the results of High Interest-rate Individual Lending criminal justice and public promotion of the universality of its attention, which also described that the crime of High Interest-rate Individual Lending can not procrastinated,and is imminentThe third part is the focus and the most important part of this paper, I first introduces the theoretical disputes on judicial High Interest-rate Individual Lending crime, then throws my support for the view of the criminalization of judicial High Interest-rate Individual Lending and Starting with the judicial crime itself to demonstrated it. I thinks that to answer the following three questions can solve the problem that High Interest-rate Individual Lending should be convicted or not:1. Does High Interest-rate Individual Lending behavior is harmful to the social; 2. Does High Interest-rate Individual Lending behavior criminal need law regulation; 3. The High Interest-rate Individual Lending for criminal charges is a violation of the principle of a legally prescribed punishment for a specified crime. Finally, I will strengthen my opinion from the perspective of the value of law. I think taking a specific part of usury into the sin will keep the restraining of criminal law and the deterrent of criminal law. Such actions are consistent with the illegal business crime elements, there is no need to add a new charge to regulate it, to avoid repeating the legislation work and waste of judicial resources.The fourth part is the final step of ask questions-analysis of the problem-solve the problem:address High Interest-rate Individual Lending crime in judicial practice.Because of the lack of specific legislative guidance and norms, the judiciary in the judicature on the High Interest-rate Individual Lending crime is not uniform.In this part,I try to points out the High Interest-rate Individual Lending crime judicial standardization. In addition, after the confirming the High Interest-rate Individual Lending should clear into the penalty, I try to make a clarification of some problems that may arise, will be associated with the existing issue of High Interest-rate Individual Lending regulation in the judicial practice and put forward my own solution ideas.