Study On The Decriminalization Of The Crime Of Loan And Credit

Gregory lending sin for additional 1997 China's "criminal law","criminal law" in 1997 and revised the corresponding economic policy is the era of the planned economy,then the credit market can be said to have been the monopoly of state-owned capital,the total size is determined by the government development plan,the interest rate is by the government departments full control,and credit funds according to the configuration of the relationship between supply and demand but not in the government's plan.Along with the development of the times,the economic policy has also changed,and our country has realized the transition from the planned management credit market to the market-oriented credit market.In addition,the existing "Leniency" criminal policy has replaced the "strike hard" criminal policy,therefore,combined with the transformation of economic policy and criminal policy,the corresponding legal system also needs to adapt to the new requirements,Gregory lending sin as a special period of criminal charges,in the new financial environment gradually some outdated,so,based on the new economic policy and criminal policy analysis of Gregory lending sin,in order to study the problem of crime to Gregory lending sin.Of course,Gregory lending sin decriminalization,the behavior is still not being promoted,therefore,if the use of civil laws and regulations to improve the bank's own regulatory capacity,to effectively avoid the occurrence of such behavior,maintain the safety of financial market.This paper studies the crime of high-profit-to-loan as the core main line and divides the content into five aspects:The first part focuses on the research background,research significance,research status at home and abroad,research methods and innovations.Through the review and review of the research status at home and abroad,the current research direction is grasped,and the problems existing in the research are carried out.Inductively and determine the focus of this paper.The second part analyzes the status quo of the crime of high-profit transfer from the perspective of the status quo of legislation,the status quo of justice and the status quo of research.In the third part,this part focuses on the reasons for the high-profit transfer to credit,expounds the purpose of legislation from the aspects of ensuring financial order and security and realizing financial control.It analyzes the economic and financial aspects of China's credit control from the frequent financial crisis and the planning system.Policy;study criminal policy from the overview of the "strike hard" criminal policy and the "strike hard" manifestation in the financial field.Through the analysis of the reasons,it can better lay an objective foundation for the research.The fourth part,this part studies the necessity of guilty of the crime of high-profit transfer,combined with the current status of China's financial market,and the current criminal policy of "tempering justice with mercy",the crime of high-profit transfer has not been consistent with the current development of China's financial market.The fifth part mainly studies the corresponding measures after the conviction of the loan-to-mortgage crime.This part mainly starts from two aspects,namely,civil laws and regulations and the internal mechanism of the bank.The innovation of this paper is to explore the era value of the decriminalization of the loan-to-lending crime from the two-dimensional perspective of theory and practice,combined with keen insight,from the interdisciplinary fields such as criminal law,economic law and civil law.The necessity of becoming.