The Criminal Law Regulations Applicable To The Related Crimes Of "Routing Loan"

Most of the related crimes of "routing loan" which alienated from the folk loan behavior derive from usury,it has not only seriously disturbed social financial order,but also has seriously damaged the personal property of citizens.It falsely increases the borrower's debt through series "routing load" means such as various skills and tricks in the name of folk loan with the purpose of illegal possession,and to occupy the victim's property with the help of public and private means,so it cause great concealment and destructiveness.With the understanding of the essential characteristics of "routing loan",try to expound its specific types and characteristics,in this article we analyzes series of problems in the application of criminal law which involved the "routing loan" crime from the perspective of the current criminal law in China,and then tries to explore and discuss new possible methods and new paths to effectively restrict the "routing loan" crime bases on the current legal system in our coumtry.The article consists of four parts.The first chapter is an overview of "routing loan"and the related crimes of "routing loan",which mainly discuss the relevant specific concept,the similarities and differences compared with usury,the related criminal characteristics of "routing loan" and the current criminal law regulation,so we can get a more clear criminal system of the related crimes of "routing loan".In the second part,from the perspective of legal thought,the judicial judge who should have the ability of trial argumentation thought and strictly observe the principle of a legally prescribed punishment based on comprehensively considering the criminal types,and ensure the adaptation of criminal responsibility and punishment when they are in face of these "routing loan"related crimes.The third chapter mainly analyzes the difficulties and arguments how to regulate and restrict the "routing load" related crimes in judicial practice from two aspects of general provisions and specific provisions of criminal law.It mainly expounds crime and non-crime,crime patterns,common crime,number of crimes,and controversial charges.The last part is about how to solve the criminal identification dilemma of the related crimes of "routing loan".With the beginning of the perspective of the existing legal regulation in our country,the author conceives adding a crime of illegal lending which aim to realize a more comprehensive criminal law regulation,so then we can restrict and punish a series of illegal lending behaviors including "routing loan".In order to provide more feasible theoretical solutions for the criminal law to effectively restrict the related crimes of"routing loan",the author also explore the necessity,feasibility and application of accusation setting of "routing loan" crimes.