Research On The Criminal Regulation Of Usury In China

In the rapid development of socialist market economy in China,private lending has two sides.On the one hand,the problem of financing difficulty of small and medium-sized enterprises is solved in a timely and effective manner,and the gap of formal financial lending market is filled;On the other hand,the high-loan behavior in the private borrowing is because of its own convenience,so that more and more people are placed in them.Illegal detentions derived from usury cases,such as illegal deposit-taking,fund-raising fraud,gambling and other criminal acts occur frequently.As a new variant of usury,"routine loans" continue to appear.This not only seriously destroys the financial order of our country,endangers the development of social economy,but also poses a great threat to the safety of the people's life and property,and affects the harmony and stability of the society.Based on this,this paper makes a study on the criminal law regulation of usury,in order to make a little contribution to the study.The theory of usury behavior whether should undertake criminal regulation and how to regulate the problem exist big differences,and gradually formed a "positive" and "negative" two views.In that deal with usury of criminal law point of view,there is legislative incrimination or judicial legislation differences.As for usury,we should treat it in two sides.At the same time,we should pay attention to the serious social harmfulness and criminal illegality of some usury.This paper will show the harm of some usury to the society and the severe trend of frequent cases caused by usury bysearching a lot of data,and combine with the defects of the current law of our country to regulate this behavior.The frequent trend of usury cases makes us realize the necessity of dealing with usury.However,in judicial practice,the judicial organs are mostly convicted and punished for the crime of illegal operation.This paper holds that usury does not violate the preemptive "national regulations" of the crime of illegal operation,and should correctly use the homogeneous interpretation to interpret the underlying clause of the crime of illegal operation.The reason why usury causes such a big reaction in the society is to a large extent because its derivative behavior constitutes a crime and poses a serious threat to people's personal safety and property security.In this paper,the criminal behavior derived from usury is summed up,and a new type of usury variant,"routine loan",is studied,and the case analysis method is used.The real case is used to analyze the manifestation of "routine loan" and to discuss and analyze its liability.In fact,usury does not exist in our country.By analyzing the legal regulation of usury in Japan,the United States and Italy,this paper will use comparative analysis method to draw useful experience and finally put forward the idea of adding violent loan.Of course,this idea is not accomplished overnight,but on the basis of improving civil law and administrative law.There are also strict restrictions on the scope of application of the crime of violent lending,which is not a one-size-fits-all crackdown on all usury,but a violent loan with an annualized interest rate of more than 36% and serious social harm.Bringing the violent loan behavior into the scope of the criminal law regulation can effectively crack down on the violent loan behavior,provide a good atmosphere for the folk loan,promote the development and prosperity of the socialist market economy,and maintain social stability and harmony.