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The Legal Application And Regulation Of "Routing Loan" Crime

Posted on:2020-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhaoFull Text:PDF
GTID:2416330575986670Subject:Law
Abstract/Summary:PDF Full Text Request
As a new type of compound crime,"routing loan" is rooted in the booming private lending activities in recent years and has rapidly spread.Through the "loan traps",the "routing loan" designed a chain of scams to induce victims to gradually fall into the routine,not only seriously infringing on the personal rights and interests of the borrowers,but also greatly disrupting social order and jeopardizing judicial justice.It challenges the bottom line of social morality,and the harm is self-evident.This paper analyzes and interprets many of the criminal law applications involved in the current "routing loan" crime by summarizing the revealing,mode and characteristics of this crime,thus further solving the identification and criminal law issues of "routing loan" crime in judicial practice.The article consists of three parts.The first part is an overview of the crimes of "routing loans",which mainly summarizes the nature of "routing loan" crimes,and regularly summarizes its criminal characteristics and routine models.The second part is based on the clarification of its criminal attributes in the specific application of criminal law.The "routing loan",a compound crime composed of multiple crimes,is deeply analyzed because of its large number of participants and diverse behavior patterns.Infringement of the object is complicated and the legal consequences are serious.Therefore,in this part,the author elaborates the basic theories of criminal law,including the identification of the crimes,the determination of the number of crimes,the determination of the accomplice,the problem of the form of the crime,and the determination of the amount of the crime.The third part is about the criminal law system of "routing loan".At present,China's criminal legislation on "routing loan" regulation is relatively fragmented.In the punishment of specific crimes,different crimes are chosen according to different crime results.That means the pre-routing behaviors carried out by the perpetrators for the purpose of achieving crimes,which is the behavioral regulation of illegal lending is still insufficient.And the legal punishment has a certain lag.Therefore,while introducing the national guidance within the existing legal framework to refine the law application of "routing loan" and regulate the criminal behavior,the author proposes a new path of legal regulation.In the criminal law provisions,the crime of illegal lending should be added.And in this part the necessity,feasibility and legal design of this legislative model are explained in detail,in order to propose feasible countermeasures and valuable reference for the criminal law of "routing loan" crime.
Keywords/Search Tags:routing loan, applicable law, rules and regulation
PDF Full Text Request
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