Research On Criminal Regulation Of "Routine Loan"

"Routine loan" is a new type of illegal criminal activity that has gradually emerged in recent years.It often uses private lending as a bait to gradually realize the purpose of illegally occupying the property rights and interests of victims through the implementation of a series of illegal means.In view of this,such illegal and criminal activities must be regulated within the framework of criminal law.At present,China's legislation system on the "Routine Loan" criminal law is relatively systematic,and overall it is in line with the actual needs of handling cases,but there are still certain deficiencies.Through combing the current status and problems of criminal law legislation and criminal justice,we will consolidate the theoretical and practical foundation for the research and improvement of the path of criminal laws and regulations.With regard to the research on the criminal regulations of "Routine Loan",except for the introduction and conclusion,this article mainly has four parts,as follows: The first part is the concept and nature analysis of "Routine Loan".First,it is clear that "routine loans" originated from private loans,and then gradually developed and alienated on this basis.Secondly,it analyzes different scholars' determination on the concept of "routine loan" and puts forward the definition of the concept in the judicial interpretation,which lays a theoretical foundation for the judiciary to better identify the "routine loan" crime.Subsequently,six types of common "routine loan" behavior patterns are listed,and the legal positioning of "routine loan" is analyzed.According to their property intrusion characteristics,they put forward different scholars' views on the nature of the behavior,and found out that the "routine loan" behavior is fraudulent.Finally,the harmfulness of the "routine loan" behavior is expounded from four aspects: infringement of the rights and interests of the victim,market financial order,social stability and harmony,and the credibility of the judiciary.The second part is the current situation and problems of "Routine Loan" criminal law legislation.In chronological order,from the provisions of the Criminal Law before 2017,the provisions of regulatory documents in some regions from 2017 to 2018,the provisions of judicial interpretation in 2018,and the "Opinions on the handling of criminal cases of" routine loans "in 2019"(hereinafter referred to as: "" Routine Loan Opinions ")provides four stages to sort out the historical evolution of the" Routine Loan "criminal law legislation.Taking the Criminal Law and the "Routine Loan Opinions" as the current legislative system of criminal laws and regulations on "Routine Loan" crimes,the analysis of the "Routine" from the aspects of crime design,joint crime,amount of crime,sentencing and criminal organizations of criminal forces "Loan" legislation status.Through the research on the current situation of criminal law legislation,it is concluded that there are three shortcomings in the legislative system: the lack of special charges for illegal lending;the choice of the number of crimes is relatively large;the method of specifying the amount of crime is not completely reasonable.The third part is the current situation and problems of criminal justice of "Routine Loan".The research on the criminal justice status of "Routine Loan" criminal behavior is mainly based on the analysis of the cases and judgment documents on the Chinese judgment documents online,supplemented by the investigation and research of public prosecutors and lawyers,and a total of three points of regular understanding are drawn: The pattern of more people with fewer sentences and more severe sentences is mainly involved in the crime,and the crime is mainly related to the crime of fraud;it is mostly involved in the crimes of criminal organizations.By analyzing the current situation of criminal justice,it is concluded that there are three problems in judicial regulation: the lack of handling of the criminal-civilian cross-section,the deviation of the application of criminal policy,and the inaccurate determination of charges.The fourth part is to improve the "Routine Loan" criminal regulations and suggestions.From the two dimensions of legislation and judiciary,respectively,suggestions for perfecting regulations are proposed,hoping to promote the scientific and effective governance of "routine loan" crimes.Among them,suggestions for perfecting laws and regulations are as follows.First,the crime of illegal lending is added to the criminal law,and the argument is made from the three aspects of the feasibility of additional crimes,the unreasonable regulation of illegal business crimes,and the legal assumptions."Routine loan" involves specific crimes,and proposes the applicable standards for choosing one of the most severe and several punishments;the third is to improve the method of stipulating the amount of crime.Regarding the accurate application of criminal justice,one is to improve the criminal-civilian cross-handling mechanism,change the traditional thinking of punishing the people with light punishment,and increase the intensity of the case review and evidence review;the second is to apply the criminal policy of leniency and strict;Crime constitutes a conviction.