On The Incriminating Problem Of "Civil Usury"

The progress of the hot case "Shandong Liaocheng Yu Huan case" not only makes people pay attention to the problem of "justifiable defense" in judicial practice,but also makes more and more people cast their eyes on the root cause of the case.On this issue,that is,whether "folk usury" should be regulated by criminal law,Including it as an independent charge in the criminal law.The topic of private lending has always been controversial in the field of practice or theory.Some scholars believe that private lending can meet the needs of small and medium-sized enterprises for funds in the process of development in a timely manner.It has made up for the inadequacy of the ofificial financial lending market and balanced the supply and demand of the capital market.As one of the most important financing channels for private enterprises and natural persons in our country,the status is self-evident.At the same time,borrowing and borrowing should fall within the scope of civil law adjustment,because this is a decision made on the basis of voluntary equality between the two sides.There is no need to adjust it with criminal law at all.Scholars who hold contrary views believe that it is precisely because the high profits of private usury attract more and more people to venture into it but also because of the pursuit of high profits.It is often accompanied by many illegal and even criminal acts,such as illegal detention,intentional injury,etc.,which not only bring adverse effects to the financial market,but also are extremely dangerous It has harmed the stability of the society,brought many uncertain factors to the safety of people's lives and property,and caused a bad impact.Therefore,in the face of the folk usury,we should use criminal law to regulate the source of the crime and put an end to the source of the crime.It is precisely because the academic circles have been unable to reach a unified opinion on the regulation of "folk usury",in order to better promote the healthy development of the market economy(at the same time,we should realize that,Normal private lending plays an active role in the private capital market.For the crime of usury,criminal law should be used to regulate this behavior.The connotation of folk usury includes three viewpoints,which exist in academic circles all the time.The first view is that the interest rate is higher than the bank's loan interest rate in the same period,it is considered as the behavior of loansharking.The second view is that private usury is higher than the ordinary private lending rate behavior;The third view is that the interest rate of private lending exceeds the guiding maximum interest rate issued according to the actual economic situation in the specific region before it is recognized as usury.On the classification of private usury,It is divided into "individual loan type" and '"lending type".Meanwhile,in practice,folk usury behavior and related lending behavior The extension limit is not so obvious,so it is necessary to clarify the boundary between the two,such as:with ordinary lending(Nanjing Shao Gaoli loan case,usury loan transfer,The difference of illegal operation behavior.At present,our country is concerned about the legal regulation of folk usury,so it is necessary to sort out a general situation.The differentiation of the crime of folk usury is divided into three points of view,that is,there are supporting views and opposing views on whether folk usury should be punished,and supporters believe that this behavior endangers public order.In order to breed many kinds of criminal phenomena,criminal law should be resolutely used to regulate and crack down on it.Opponents believe that this is conducive to promoting the flow of social funds and speeding up social development,and at the same time,modern and contemporary criminal law attaches importance to modesty.It is considered that this is contrary to the mainstream direction of the development of criminal law,so it does not support the criminal law(the case of Zheng Mou in Shanghai).Under the analysis and comparison,the criminal law should be used to regulate the behavior of private usury.The behavior should distinguish between"individual loan type" and "loan type",and should resolutely crack down on "lending type" usury behavior.On the discrimination of the crime of folk usury,it is mainly through the necessity and possibility of incrimination.Private usury can not only put lenders on the path of violent debt,but also lead borrowers to commit crime,and often lead to family break-up in society.In the long run,there is no doubt that the stability of society will be seriously affected in the long run.Therefore,through the impact of private usury on individuals,families and society,it is necessary to clearly recognize the harm of usury.The necessity of entering criminal law.In our country's judicial practice,we have already had practical experience in regulating usury,and advanced foreign legislative experience,such as the United States,Denmark and so on,can be referred to,which makes the crime of usury possible.In the view of positive incrimination,the regulation of usury should be specific and clear,and the real regulation should be "lending" usury(serious usury,not all usury should be criminalized."setting up the crime of high-interest lending" has become an effective measure that has to be taken in view of the current chaotic usury market situation in our country.Some of them think that the crime should be separately convicted,while others think that there is already a crime of illegal operation to regulate it.There is no need to re-legislate,and after the relevant argument,it is clear that the crilIme of high-interest lending should be established so that it can be dealt with correctly.And the crime of high-interest lending refers to those who violate national financial laws and regulations in order to obtain high interest rates.A criminal act that has been used many times to discredit others(not being a particular public,economic organization,loan sharking,undermining the order of the socialist market economy,and serious circumstances).The crime is designed to solve the problem of how to regulate the private loan-sharking market.