A Study On Criminal Law Regulation Path Of "Trap Loan"

As a criminological or sociological term,“trap loan” is defined by judicial interpretation as follows: the actor,with the purpose of illegal possession,induces or forces the victim to sign civil agreements such as “loan” or “loan in disguise” in the name of private loan,and forms false or illegal creditor's rights and debts by means of falsely increasing loan amount,maliciously creating breach of contract,arbitrarily identifying breach of contract and so on,then obtaining other people's property through litigation,violence or coercion.As far as its normative significance is concerned,the “trap loan” is a criminal act committed in the name of “civil loan”,which often infringes on a variety of legal interests,and has the characteristics of strict lending organization structure,hidden means of infringement.In recent years,such behaviors emerge in an endless stream,threatening the credit security and social stability.It is difficult to effectively protect the property and personal security of individuals only through self-discipline norms such as social norms,moral norms and market trading habits.Therefore,it is necessary to regulate the criminal behavior in the “trap loan” by means of criminal law.At present,there is no consensus on what is “trap loan” and how to regulate it.The main differences are as follows: first,the basic attribute of “trap loan”;second,the basic connotation of “trap loan”;third,the basic nature of “trap loan”;fourth,how to deal with the disputes in the judicial practice on the basis of the relevant judicial interpretation of the existing “trap loan”.Combined with the relevant judicial interpretation,we can divide the “trap loan” behavior into basic behavior and accompanying behavior.The basic behavior of “trap loan” is the behavior of crime in the guise of civil activities,which conforms to the objective and subjective structure of the crime of fraud in terms of norms,and should be identified as the crime of fraud rather than other crimes.In order to achieve its purpose,the actor will often carry out the accompanying behavior other than fraud.From the principle of comprehensive evaluation and the principle of balance of crime and punishment,to prevent the risk caused by the “trap loan”,it still needs to be evaluated from a normative perspective.In the current “trap loan”,accompanying behaviors mainly include extortion,robbery,illegal detention,provocation and false lawsuit.