The Criminal Law Response To Nongovernmental Usury Behaviors In China

China's nongovernmental usury behavior is a private lending behavior with a lending interest rate exceeding 4 times the interest rate of the bank at the same time.Our country's nongovernmental usury has developed into two major characteristics: one is the serious erosion of the national staff;another one is the case of the frequent occurrence of violent press for payment of debt by the nongovernmental usury,which affects the social stability,The current legal system regarding to the deed of nongovernmental usury is mainly reflected in the civil law,which the civil law does not protect the part that the interest rate has excess 4 times of the bank's loan interest rate in the same period.And there is a lack of clear response in the field of criminal law,which leads to the disputes in criminal theory and practice.So as to maintain the financial order better,curb the financial crime induced by the civil usury,protect the security of the citizens' personal property and maintain the social stability and harmony,it is necessary to study the criminal law of the nongovernmental usury in our country.The criminal law of China's nongovernmental usury behavior can be discussed from three respects: criminal theory,criminal regulation and criminal judicature.In terms of criminal theory,there are two poles apart views on the nongovernmental usury behavior in China's criminal jurisprudence:One view is that the nongovernmental usury should be criminalized because it has the social harmfulness which should be punished by the law.It not only violates the legal interest and interests of the borrowers,but also disturbs the normal financial order,and conforms to the essential characteristics of the crime;another view is that the behavior of nongovernmental usury should not be taken as criminal.As the main reason lies in respecting the spirit of the civil law of freedom of contract,and it belongs to the normal product of market economy.In terms of the criminal regulation,no matter the legal provisions based on the <Criminal Law>,or the legislative interpretation,the judicial interpretation and other standard clauses,the civil usury is not clearly regulated.In terms of of criminal justice,there are also disputes,and even the judicial are different for the same case,which the convicted precedent basically defines the nongovernmental usury behavior as "the crime of illegal operation".The disputes between criminal theory and criminal justice and the lack of criminal regulation further enhance the urgency of criminal law in China's nongovernmental usury.Foreign experience in criminal law for nongovernmental usury behaviors can provide us with new ideas and directions.In the Anglo American law system,the United States adopts the combination of commercial and criminal penalties to deal with the nongovernmental usury,the criminal penalties are particularly adopted for the high lending rate;the UK has a very severe attitude towards the nongovernmental usury,and mainly deals it with the formula of criminal punishment.In the continental law system,no matter Japan,Italy or Germany,the main continental law system countries define the nongovernmental usury behavior as a crime.By summarizing the experiences of the criminal law dealing with the extraterritorial nongovernmental usury,we can learn that not only the administrative supervision should actively guide the healthy development of private financing,draw support from the private law to adjust the private lending.Moreover,we need to crack down on nongovernmental usury behaviors by strict criminal means,and define the behavior of nongovernmental usury as a crime.In view of the disputes in criminal theory and criminal justice,as well as the lack of criminal regulation,on the basis of taking full reference to the experience of foreign criminal law,we can establish and improve the criminal law response system of the civil usury in our country through the following ways:The first is to clarify the criminal regulation path of the nongovernmental usury,set up the crime of "high profit lending" in criminal legislation,and determine the principle of "homogeneity interpretation" through criminal legislative interpretation,and the criminal judicial interpretation stipulates the contents of the crime object,the standard of filing a case,the standard of the aggravating plot,etc.The second is to establish the criminal judicial strategy of nongovernmental usury,which is to adhere to the principle of legally prescribed punishment for a specified crime and to standardize the referee scale in the form of case guidance.