Judicial Cognizance Of The Crime Of "Routine Loan"

In the context of the booming private economy,the private lending market is becoming increasingly active,but the criminal behaviors that ensue can not be ignored.As early as 2009,the "routine loan" has already begun to appear.Until recent years,the state has gradually attached importance to and issued a number of special documents to guide judicial practice.The most important document is"Opinions on Handling Several Criminal Cases of "Routine Loans"".This document guides each judicial practice department in more detail in handling complex cases of"routine loan" crimes.However,in practice,there are still many issues concerning the judicial determination of "routine loan" crimes,which should be reasonably discussed.It is the first step to solve the problem to clarify the nature and behavior mode of"Routine Loan"."Routine Loan" is a kind of illegal possession for the purpose of borrowing private loans to fabricate creditor's rights and debt relationships,and resort to violence or "soft violence",false A general term for the related illegal and criminal acts of illegally occupying the property of the victim by means such as litigation."Routine loans" are different from ordinary private loans and loan sharks.Their intertwined characteristics of civil punishment make it difficult to divert civil punishment cases and determine crimes and non-crimes.Their concealment leads to judicial practice departments.It is difficult to find evidence to convict.This article will interpret the criminal law from the key behaviors in the "Routine Loan" criminal behavior model,analyze and sort out the crimes that may be touched by the "Routine Loan" crimes at the stage of contracting and debt claim,and the judicial determination of the "Routine Loan" crimes.It is worth noting that the issues should be emphasized,with a view to providing a reference and reference for judicial personnel handling criminal cases of "routine loans" in practice.