Analysis Of The Legal Application Of "Routine Loans"

"Routine loans" is not an independent crime,but a summary of the criminal activities of people in social life who have illegally possessed the victim's property through various so-called "routines",mainly by the guise of "civil lending".Sexual title is a reference for judicial practice for social life.In the current judicial practice,according to the criminal behavior involved in “Routine loans”,it mainly constitutes various crimes such as fraud,extortion,illegal detention,false lawsuits,trouble-seeking,forced transactions,robbery,kidnapping,etc.,according to the specific facts of the case.Differentiate between different situations,and punish or punish according to the provisions of the Criminal Law and relevant judicial interpretations.Among the crimes involved in “ Routine loans ”,the more deceptive and controversial is mainly the determination of fraud.In many cases,the suspects are not taking a one-time fictional fact in the traditional sense and concealing the truth.The method of defrauding the victim's property,but in the case of private lending or private financing,in the case of the victim's self-righteous “knowing” will pay a higher interest rate,applying a series of “routines”,taking a series of cumbersome,seemingly The legal form tempts the victim to fall into the trap step by step.The “Routine loan” and private lending,especially the usury,have strong similarities in appearance.In many cases,the victim also believes that he is a victim of usury,but in fact,“routing loan” is neither private lending nor usury,although The victim can obtain a certain amount of “borrowing” from this “lending”relationship,but this “borrowing” is not a principal in the legal sense,but a “bait”as a continuation of crime and a criminal tool.At present,from the highest national judicial organs to local judicial organs at all levels,they attach great importance to the issue of “ Routine loans ” and have successively issued corresponding judicial interpretations,meeting minutes or guidance opinions,which provide a legal basis for the judicial application of“routing loan cases”..With the severe attack on the “Routine loans by the judiciary,the“Routine loans” crime has been largely curbed.However,these regulations have also brought some confusion to the handling of “Routine loans” by some local judicial departments.When handling the relevant cases,the judicial departments of the departments often look at whether there are routines,and then identify them as“Routine loans” cases.The case of "credit" is directly recognized as a crime offraud,rather than strictly analyzing the elements of the case from the perspective of the constitution of the crime,which deserves attention.