A Study On The Criminal Law Regulation Of Usury Actions

With the advancement of the market economy reform and the development of the economy in China,a lot of new problems related to usury activities have appeared in the practice of administration of justice,among which include willful injuries,campus loans,bare loans and trap loans and so on.Both the present civil law and administration have very limited restrictions on these actions of usury,while the incrimination of usury is in a state of vacuum in China.Facing more and more usury actions,it is necessary to seek some solutions from the criminal law.This thesis,which is divided into four parts,not only offers some methods for the incrimination of usury practice,but also elaborates the author's improvement suggestions.The first part makes a conclusion on some actions related to usury actions and clarifies the definition,types and social influence of usury,making a comprehensive understanding on it.By introducing Tu Hanjiang case,the first incrimination of usury,and Yu Huan case which has arisen hot social discussion,the author introduces the topic of the thesis: the criminal law regulation of usury actions.The second part elaborates the nature of usury,making a theoretical analysis on whether usury should be incriminated,which mainly concerns two opinions: unconviction and conviction.Then,the author gives his support to the latter,that is,to bring usury into criminal regulation.The third part elaborates the reasons why usury should be included in criminal regulation,including the resolution of strict control ove usury actions in China nowadays,the divergence existing in the law practice on usury,and conformance to the requirements of incriminating usury actions.Therefore,it is necessary to bring usury into law regulation.Furthermore,it is normal toregulate usury actions in law abroad,which also provides some contents for China to learn and refer in legislation.The fourth part makes an assumption on the law regulation of usury actions.In the light of conviction,the author proposes to add usury crime in law regulation,designing the contents of the specific articles and analyzing the related problems of usury crime.This thesis gives us a comprehensive understanding of usury crime from the perspectives including constitution of the crime,attempt of crime,crime quantity and participants in a crime,etc.