On Regulating "Taolu Loan" By Criminal Law

"TaoLu Loan" is a series of illegal and criminal acts that take legal civil and commercial acts as appearance,aiming at possessing the victim's property illegally by means of fraud,threat,violence and so on.As a new type of crime,the "TaoLu Loan" appears in a high frequency in recent years,resulting in a series of secondary crimes and serious social harm,with complicated patterns of criminal behavior,vague connotation and constitution,and various standards of conviction and sentencing.However,the regulation on "TaoLu Loan" in the Criminal Law and other various laws and rules is still insufficient,and the public security and judicial organs still have doubts in handling cases of "TaoLu Loan".In this context,whether for legislation or judiciary,the study of regulating "TaoLu Loan" by Criminal Law has very important theoretical and practical value.In terms of the theoretical significance,the research on regulating "TaoLu Loan" by Criminal Law will not only perfect the theoretical system of fraud in China,but also supplement the basic theory of criminal law such as concurrent punishment for plural crimes.As for the practical value,the research will help the public security and judicial organs make scientific judgments in "TaoLu Loan" cases,and then solve the practical problems such as conviction and sentencing.This paper has more than 40000 words.In addition to the introduction and conclusion,it is divided into four parts: an overview of the basic issues of "TaoLu Loan",the status quo of the criminal regulation on "TaoLu Loan",the position of the criminal regulation on "TaoLu Loan" and the path of the criminal regulation on "TaoLu Loan",as follows:The first part-an overview of the basic issues of "TaoLu Loan".This part mainly discusses the concept,characteristics and typical pattern of "TaoLu Loan".The concept of "TaoLu Loan" is explained in two parts: Firstly,the connotation of "TaoLu Loan" is defined from regulation,judicial precedent and academic theory;Secondly,the denotation of "TaoLu Loan" is deconstructed from the constitution elements-the subject identity and subjective mentality,objective behavior and infringed object.The basic characteristics of "TaoLu Loan" are the "legitimacy" of appearance,the rigor of organization and the illegality of purpose.In recent years,the common pattern of "TaoLu Loan" can be summarized into three types: the positive type of property guarantee,the negative type of property guarantee and the type of commercial intermediary service.The second part-the status quo of the criminal regulation on "TaoLu Loan".This part mainly sorts out and analyzes the legislative and judicial status quo and summarizes the current predicament of the criminal regulation on "TaoLu Loan".First of all,by sorting out and analyzing the existing regulation,it is found that the national laws and rules of "TaoLu Loan" involve various aspects but lack the main line,and starting from Shanghai,the local judicial documents have been promulgated in many places,but the differences in the localities result in uneven penalties.Secondly,by summarizing and analyzing the criminal cases of "TaoLu Loan",it is found that "TaoLu Loan" crimes have a limited number of precedents with obvious characteristics of time and space,diverse behavior patterns mostly in tradition,numerous charges in a high percentage of accomplice,serious social harm with the victim vulnerable to be transformed to be criminal,and various standards of convictions and sentencing in localities.From the aspects of conviction and sentencing,penalty and intervention of victim,this paper summarizes the predicament in the criminal regulation on "TaoLu Loan".The third part-the choice of the criminal regulatory positions for "TaoLu Loan".This part mainly discusses the necessity and the modesty of the the criminal regulation on "TaoLu Loan" as two main positions thereof.The criminal regulation on "TaoLu Loan" is necessary because the "TaoLu Loan" are very different from the usury in serious social harm,and it is reasonable to carry out the criminal regulation of "criminal breaking of the civil law" on the basis of the "the relativity of illegal".Compared with the necessity,the modesty of the criminal regulation on "TaoLu Loan" is reflected in multi-dimensions.If there is no modesty in the regulation,the Internet financial support that "TaoLu Loan" relies on will be easily affected.There are several specific feasible measures under the guidance of modesty,such as transferring suspected personnel reasonably,and distinguishing the "TaoLu Loan" from the crimes committed by "Mafia-like gangs".The fourth part-the path of the criminal regulation on "TaoLu Loan".This part mainly discusses the criminal regulation of conviction and sentencing,penalty and intervention of victim in "TaoLu Loan" cases.The conviction of "TaoLu Loan" should be determined based on systematical consideration of legal interests,without considering the crime of illegal business operation and contract fraud,and the number of crimes should be determined based on the number of damages.The sentencing of "TaoLu Loan" should be judged accurately based on the distinguishment of individual acts,thereof the joint crime and criminal group should be identified by uniting subjective and objective factors,and the amount and form of crime should be determined based on the principle of protecting the victim.As for the penalty of "TaoLu Loan",property penalty should be generally applied while the application of the qualification penalty should be appropriately increased.The "loan" provided by the actors of the "TaoLu Loan" can be confiscated as the property but not as the criminal tool.When the victim intervenes in the crime,firstly,the actor of "TaoLu Loan" should be responsible for the victim's doubtful "act trapping oneself into risks";Secondly,the actor should be responsible for the attempted fraud;Finally,the original "victim",as "anti-trap" actor,should be convicted of a crime of fraud when the circumstance is serious.As the striking of crimes has been deepening,and the prevention of "TaoLu Loan" has been continuously publicized,it is believed that more and more cases of "TaoLu Loan" will be investigated and dealt with by the public security and judicial organs.As a response to the social hot issues in society,the study of the criminal regulation on "TaoLu Loan" is of great significance.Although the means of "TaoLu Loan" is constantly renovated,the law is strong.As long as the criminal law research can follow up in time,all deceitful "TaoLu Loan" actors will be brought to justice and severely punished by law.