On The Criminal Regulation Of Non-profit Loan

Although we may not contact usury daily,but can not deny that usury has a I ways existed in our society.Since the first case of usury in China "Tu Hanjiang case",whether usury should be punished has aroused many disputes among scholars and practit ioners.Although the case of "Yu Huan" mainly aroused people's attention to the justifiable defense system,it also,to some extent,introduced the inevitable social problem of private usury into people's vision again and triggered a heated discussion.On October 21,2019,the supreme people's court,the supreme people's procuratorate,the ministry of public security and the ministry of justice issued opinions on several issues concerning criminal cases of illegal lending,which confirmed the adjustment of the fourth paragraph which included usury as the crime of illegal business operation,thus drawing a temporary end to the long-standing disputes.But are the two high "opinions" reasonable?Can usury be included in the crime of illegal business to settle the long-standi ng debate in academic and practical circles?The author thinks usury problem is still worthy of our further study and provides Suggestions for usury legislation.The first chapter divides usury into personal loan relationship and professional loan relationship by analyzing the judgment standard of usury and its internal classification.Then,the various disputes about whether usury should be punished and how to be punished by scholars are sorted out to provide a theoretical basis for the subsequent ana lysis.The second chapter will analyze the infringement of legal interest of usury,especially the necessity of criminal punishment,and the necessity and urgency of usury punishment from the theoretical and empirical perspectives.Chapter three analyzes the impropriety of professional lending into the crime of illegal business from two aspects:the main characteristics of "franchise" of the crime of illegal business and the serious misdemeanour caused by the inclusion of professional Iending into the crime of illegal business.The fourth chapter will adopt comparative law to analyze the legislation of usury in different countries and dynast ies in our history,hoping to provide reference for the legislation of usury in our country.Finally,the author puts forward some legislative Suggestions on adding occupation usury crime in criminal law.This paper focuses on the second and third chapters.In the second chapter of this paper,the author will use the supreme people's court's judgment document net to search the usury related criminal case legal documents to carry on the empirical analysis,in view of our country in recent years usury related criminal cases high incidence and serious infringement of all kinds of legal interest situation to carry on the analysis,summarizes the usury into the punishment of the necessity and urgency.In the third chapter of this article,the author in view of some scholars to the problem of usury punishment,the state is the punishment usury "business " or " interest" character istics of controversy,combined with the two new projects "opinion",reverse lawmakers is see professional lenders have both "business" and "sink" of dual characteristics.It is precisely under this dual characteristics that occupational lending is easy to breed up and down stream criminal crimes,and even the breeding of black and evil forces groups.Meanwhile,such underground Banks have a significant negative impact on China's economic development.It is necessary to set a certain bottom line through the criminal law to avoid the crazy development of usury and cause social unrest in China.In the following legislative proposals,the dual characteristics of usury are also taken into consideration,and multiple conditions are set for the crime of usury,the bottom line is only set for usury,the crime of professional usury is set,and no adjustment is made to personal loan relationship.