The Dilemma Of Intersection Of Criminal And Civil In "Routing Loan" Cases And The Solutions

"Routing Loan" is a hot spot in judicial practice in recent years.lt is a kind of crime with the aim of illegal appropriation of other people's property,using one or more means such as inflating a lending amount,making a false payment trace,maliciously making a default,and transferring accounts to balance a bill,to create a false debtor-creditor relationship.Then It refers to acts of recovering debts by violence,soft violence or other different means.As a series of criminal activities,the crime of“routing loan”may involve fraud,extortion,illegal detention,false prosecution and other crimes.But because of the cloak of "private lending",the concealment of criminal acts,the lack of understanding of the essence of such cases by the judicial organs and other reasons,the cases were previously handled as"private lending" and "economic disputes".These treatment is highlighted by the intersection between the criminal and the civilian,which has brought many urgent problems to the current handling of the "routing loan" cases.Substantive problems such as criminal,civil nature,identification and disposal of property involved in the case,Procedural problems such as the choice of litigation procedure,the transformation and connection of criminal and civil procedure and the adjudicative force of adjudication,which are often encountered in the criminal and civil cases,take on new features in the cases of "routing loan" cases.The suspects fabricated "evidence" that compliance with the law,which leads to the difficulty in distinguishing between " routing loan" cases and disputes over private lending such as "usury" in civil proceedings.It is difficult to balance the interests of the victims in the disposal of the property involved in the "routing loan" cases.The customary handling mode of "criminal first,then civil" for cases involving both criminal and civil liability is likely to be maliciously used by the parties who attempt to shirk their civil liability.And How to Correct the Current Large Number of Civil Cases Suspected of "routing loan" Crime.These problems need to seek the optimal solution by combining the characteristics of the“routing loan”case and the existing ways of handling the intersected criminal and civil cases.The difficulty of crossing the criminal and civil law in the cases of "routing loan”is the prominent embodiment of some common problems of crossing criminal and civil law.Therefore,the causes include not only general factors such as the overlap and difference between criminal and civil norms and the imperfect practice mechanism,but also the characteristics of "routing loan" cases such as that the superficial evidence on the lending relationship is complete and the properties involved in the cases are diversified.To accurately determine the nature and judge crimes and non-crimes,people's courts shall be more alert to crimes of " routing loan" and strengthen substantive review when hearing private lending cases.The public security organs need to discard their concern about public power's involvement in economic disputes,launch comprehensive investigations,and collect and fix the relevant evidence in a lawful,comprehensive and timely manner when receiving reports on cases of“routing loan".It is necessary to establish and improve the communication and coordination mechanism for case handling,and share information with financial regulatory departments to form a joint force.The criminal amount involved in the case of"routing loan" shall be subject to negative overall evaluation and be determined subjectively and objectively.And the disposal of the property needs to be dealt with comprehensively by the joint action of criminal procedure and criminal incidental civil procedure.The characteristics of " routing loan" case determines that it should stick to the litigation mode of "criminal first,civil second",and for the civil litigation which has already been carried out in fact,the correction should be taken according to the different stages of the case and the different results of the treatment.The settlement of the overlapping issues between criminal and civil through the cases of“routing loan”can provide reference for the common issues of cases involving both civil and criminal elements.With respect to the choice of litigation procedures,it is necessary to choose a mechanism according to the circumstances of a case,which is more conducive to protecting the legitimate rights of the parties concerned and is more fair and effective to solve problems.In the handling of this kind of cases,the court shall look through the facts comprehensively,and adhere to the principle of unifying formal judgment and substantive judgment in issues concerning the nature determination,and uphold the position of better protecting the interests of the parties in procedural issues.