Judicial Determination Of "Routine Loan"

"Routine loan" is a behavior with serious social harm that infringes on the property and personal rights of the victim and disturbs the normal private lending market and social financial management order."Routine loan" is essentially different from that of folk loan.The behavior structure is diverse and has the characteristics of complexity,organization and stage.The change of the behavior structure of "routine loan" will lead to different behavior patterns of "routine loan",and there will be confusion between different types of "routine loan" behaviors,which involve complex crimes,and the legal interests of infringement are both related and different,resulting in many differences in the identification of "routine loan" behaviors in judicial practice.The judicial determination of "routine loan" should grasp three aspects: first,"routine loan" behavior and the behavior of private lending;Second,the form and behavior characteristics of "routine loan" behavior;Third,the boundary and the point of agreement between "routine loan" behavior and related crimes.For the four types of "routine loan" behavior,committing multiple crimes at the same time,there is imaginative concurrences,from a felony punishment,only to commit a crime,according to the relevant crime conviction and punishment.For the fraudulent "routine loan",it can be identified as a crime of fraud;For blackmail "routine loan",can be identified as the crime of extortion;For the violent "routine loan",according to the different degree of violence,can be identified as the crime of extortion or robbery;As for the illegal business "routine loan" behavior,since it is classified according to the number of times of "routine loan" behavior,it can be identified as any two to four crimes between the crime of illegal business and the crime of fraud,extortion and robbery,and be punished for several crimes.