On The Criminal Law Regulation Of "routine Loan"

Recently,the case of "routine loan" which is committed in the name of loan is frequent.Once the victim falls into the trap of "routine loan",he will fall deeper and deeper,unable to extricate himself.In judicial practice,the crime of "routine loan",which has a high degree of similarity with folk lending,is playing with the law wanton and trying to blind the eyes of the law.In this paper,the current criminal law "pattern is borrowed" the plight of crime as the breakthrough point,through the analysis found that: "routine is borrowed" is refers to under the guise of private lending,induce the victim to "borrow" the related agreement,formed by various means of false creditor’s rights debt,and with the help of a lawsuit or threaten the eventually reach the purpose of illegal possession,the victim property crime.At present,the development trend of the crime of "routine loan" is as follows: the specialized operation of the crime;the maturity of the crime "routine";the enhancement of the criminal’s anti reconnaissance ability,the lag of the case investigation and the great harm of the crime.In the face of all kinds of harm,it is urgent to use criminal law to regulate the crime of "routine loan".However,due to the lag of law,the following dilemma exists in the regulation of "routine loan" crime by the current criminal law in China.The first one is the dilemma of the choice of charges,that is,there are legal and reasonable problems in the use of "fraud","illegal business" and "extortion" in the practice field to regulate such crimes;the second one is the dilemma of the determination of sentencing standards: first,the standard of thenumber of crimes and the form of crimes is vague;second,the determination of joint crimes is not uniform;and finally,the involvement of "routine loan" criminal gangs Underworld and the distinction between underworld organizations.To solve the regulatory dilemma of "routine loan",we should start from three aspects: on the one hand,we should accelerate the establishment of the crime of illegal lending for profit;Second,in the application of the current criminal law,it is necessary to clarify the application of different charges and the number of crimes,and to specify the criminal sentencing standards.The third aspect is to perfect the supporting measures of criminal law,perfect the cooperative mechanism and construct the comprehensive strike and defense system.Strengthening the qualification examination of private lending enterprises;Third,to strengthen the publicity of the fight against "routine loan" cases.