Study On"Set Of Road Loans" Crime And Its Legal Application

At present,"routing loan"cases are frequent,causing adverse social impacts.At the same time,"routing loans"are diverse in beha,vior,involving a large number of crimes,and their application of laws poses new challenges for judicial practice.To clarify the concept of"routing loan"is the first step in studying the crime of"routing loan".The crime of"routing loan" is actually a kind of civil lending relationship.The perpetrator borrows money from the virtual loan,transfers the account,etc.The type of crime that is carried out by means of deception,violence,false lawsuits,etc.,for the purpose of illegally encroaching on the property of others.Its behavioral model is mainly composed of the name of civil borrowing,focusing on collecting"legal"evidence,unilaterally creating default traps,arbitrage of arbitrage,threats of violence,or gaining money through false claims."Large loan"has great similarities with usury because the "routing loan"is constantly evolving on the basis of usury.However,compared with usury,"routing loans" have fundamental differences in behavioral purposes,behavioral patterns,and behavioral consequences.The"routing loan"is for the purpose of misappropriating the legal property of others rather than obtaining high interest.In terms of behavior,one party's will dominates and overthrows rather than voluntarily,and the behavioral consequences are even more criminal.Illegal.Therefore,the"routing loan"behavior has gone far beyond the scope of usury,is a criminal offense,and should be criminalized in such criminal acts.In the same kind of object of crime,the"routing loan"crime infringes on the legitimate rights and interests of citizens and social order,including citizens'right to life,health,personal freedom,property ownership,social public order,and normal judicial order.The"routing loan"manifests itself in the objective aspect of crime as illegal acts of illegally encroaching on the legally owned property of others through violent means such as deprivation,damage,restriction,destruction,or peaceful means such as obituary or deception.From the current point of view,the"routing loan"crime can only be constituted by the general natural person,and the unit cannot constitute this crime.In terms of subjective crime,this crime is manifested as direct intention.The types of"routing loans"are complex and varied,and their classification studies will better grasp the definition of "routing loan" crimes.Compared with the current methods of classifying "routing loan cases"from the geographical level,the"routing loan"is divided into"routing loan"crimes infringing citizens' property rights and "routing loans"infringing citizens personal rights.The three categories of crimes and"routing loan"crimes that undermine the judicial order are more conducive to the conviction and sentencing of"routing loan"crimes.In the classification of"routing loan"crimes,the"routing loan"crime of infringing citizens'property rights is its general manifestation,and the"routing loan"crime that infringes upon the personal rights of citizens and undermines the judicial order is its special mode.In the judicial practice,the crime of"routing loan"infringing on the property rights of citizens is generally convicted and punished by the crime of fraud.From the analysis of the elements of crime,the crime of"routing loan"is in line with the criminal elements of fraud.It is worth noting that the debt is the object of fraud should be based on the actual loss suffered by the victim as the standard of the crime,that is,if the perpetrator only defrauded the high loan contract,the victim has not actually delivered the property and should be considered as the attempted fraud.However,in the theoretical circle,as far as this type of"routing loanl"crime is concerned,there are two different views on the crime of illegal business operation and contract fraud.On the whole,the object of this type of"routing loan"crime is different from the object required by the crime of illegal business.The loan in"routing loan"does not play the role of financial capital,but the bait that attracts the victim,so "routing"does not constitute an offence of illegal business.The contract involved in this type of"routing loan" crime is a civil loan contract,which does not have the public nature of market operation activities,and does not meet the contractual limitation of contract fraud,and therefore does not constitute contract fraud.As for other special types of"routing loan"crimes,for example,the"routing loan"crimes infringing on the personal rights of citizens,there is no implicative between the fraudulent acts of defrauding creditors and the subsequent violations of the personal rights of citizens,and should be infringed upon the personal rights.The crimes committed by the crime and the crime of fraud are combined with punishment.In the;"routing loan"crime of infringing on the personal rights of citizens,the violation of the personal rights of citizens here includes violence,threats,intimidation,deprivation,etc.In the classification of this type of"routing loan"crime,it should be specifically analyzed according to the specific case,according to the relevant criminal law.Provide comprehensive judgment.In the"routing loan"crime that undermines the judicial order,its behavior is mainly manifested in the evidence collected by the actor in the process of using the"routing loan",and the false civil lawsuit is filed.In judicial practice,the crime is usually convicted and punished according to the false lawsuit,but the above behavior is also consistent.The constituent elements of the crime of fraud,the relationship between the two sins is the imaginary competing relationship,and should be convicted of a felony and a crime of fraud.In the legal application of the"routing loan"crime,except for the"routing loan"behavior itself is suspected of crime,its huge source of borrowing funds may be suspected of illegally absorbing public deposits and other crimes,and its gang criminal form may also be suspected of criminal acts such as organized crimes.Whether or not it constitutes these crimes should be comprehensively judged in light of the specific circumstances of the case,and it should be implemented in a comprehensive manner to achieve the goal of truly regulating the"routing loan"crime.