The Investigative Of Usury In The Criminal Law Regulation

In the long process of social development,usury conduct has always been present in each period,about usury is good or whether it should be convicted,and how to regulate the issue of usury,Many scholars from different perspectives put forward different views.With the expansion of private lending,the scope of the usury is involved,and the population involved is already a large group.The private lending market is related to the people's livelihood and economic development,also related to the social harmony and stability.In recent years,the contradictions in private lending have been gradually highlighted,and there is a region is the outbreak of a small-scale private lending crisis,and what happens is the usury problem.In order to curb the continued development of usury momentum,in recent years,local magistrates have been convicted of illegal acts of civil society.We should be clear that the usury of today's society should not be generalized,specifically,it should be divided into "individual" usury and "business" usury.For two different types of usury,require different regulatory instruments.Especially for "business" usury,should be included in the scope of criminal law.This paper suggests that the usury behavior should be discussed and discussed from the following four parts:The first part introduces the legal debate on whether civil society should be regulated by criminal law.And a brief introduction to the reasons for these two points of view,in order to clear our country of civil jurisprudence of usury is holding what kind of attitude.The second part of the usury of the connotation and extension to do a conceptual definition,especially what is the "high interest rate" problem in usury.According to the new judicial interpretation and the relevant provisions of the attempt to give timely correction of the concept of usury.According to the nature of the distinction between the two types of usury behavior-"individual" usury and "business" usury.The third part describes the social harm of the two types of usury behavior.According to different social harm should be regulated from different paths."Individual" usury belongs to the field of civil law regulation,and "business" usury has social harm,and has reached the need to regulate the extent of the criminal law.The fourth part focuses on the regulation of "business" usury behavior.I recommend for the "business" usury problem,first of all,should improve the relevant laws and regulations of private lending.Second,we must strengthen government regulation to provide the basis for regulation.And then proposed for the "business" usury can be added "professional usury".And elements of a crime to be set to improve the criminal legislation against such acts.