| Because of the convenient transaction method,low cost and high efficiency,private lending has greatly facilitated small and medium-sized enterprises.As an informal form of finance,it is an important supplement to formal finance and has become an indispensable part of China's current financial industry.form.However,in recent years,the legal form of private lending has often been used to cover up a large number of criminal acts of illegally absorbing public deposits and fund-raising frauds,protect normal private lending activities,legalize private lending,and regulate illegal fund-raising through the use of criminal law.It should be taken seriously,and this trend has become a common consensus among all sectors of society.The article analyzes the basic spirit of the two judicial policies of the Supreme People's Court on the 1991 Opinions and the 2015 Regulations on private lending.Due to the formulation of higher lending rates,the private loan is frequently borrowed,and the judicial policy of private lending is analyzed and summarized.The impact on illegal fund-raising crimes,and then reflect on the existing problems of the current private lending judicial policy,review and think about the improvement of the current judicial policy,and the criminalization of the usury behavior.The article is divided into three chapters.The contents of each chapter are briefly as follows: the first chapter briefly describes the evolution of the Supreme Court's judicial policy on non-governmental lending and lending,from the basic spirit of the Supreme Court's 1991 opinion to the basic spirit of the Supreme Court's "2015 provisions".This paper summarizes the progress and significance of the changes in the content of folk lending,and summarizes that the basic spirit of the judicial policy of folk lending is to establish a higher interest rate and interest rate for private lending and to take a loose or laissez-faire attitude towards folk loan usury.The second chapter is an overall analysis of the impact of the non-governmental lending and lending judicial policy on the crime of fund-raising,the main content of which is to analyze the impact of the folk lending and lending judicial policy on the fund-raising category.The influence of crime generation is mainly induced and stimulated;The second is to discuss the influence of non-governmental lending and lending judicial policy on the judicial treatment of fund-raising crime from three aspects,including: The identification of fund-raising crimes attaches importance to the results and does not pay attention to the constitution of objective acts,The cognizance of usury does not constitute a crime,thus indulging the real crime and neglecting the wrong understanding of illegality has a negative impact on the punishment and sentencing of the perpetrators of fund-raising crimes.The third chapter aims at illegal fund-raising crime,puts forward two legal countermeasures to curb and prevent the crime of fund-raising,one is to advocate to reduce the interest rate of borrowing in the judicial policy of non-governmental lending,thus leading to a good social and economic atmosphere;the second is to curb the crime.One is to consider the loan usury into the category of illegal business crime from the perspective of hermeneutics,and the other is to consider whether it is feasible to add the crime of heavy profit from the angle of legislation theory.From the perspective of the judicial policy of non-governmental lending,this paper reflects on its influence on illegal fund-raising crimes,makes use of the research method of criminal integration and takes the latest case and data research to discuss the cross-cutting of civil and criminal issues of folk lending and lending.Reflecting on the influence of judicial policies such as the opinions of 1991 and the provisions of 2015 on illegal fund-raising crimes,it is hoped that the judicial policy and practice of non-governmental lending and lending can be perfected and beneficial. |
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