Study On The Judicial Cognizance Of “routine Loan”criminal Cases

In recent years,private lending activities have become more and more active,which has met the diversified financing needs of the society,promoted the circulation of social capital and accelerated the economic development.However,with the rapid circulation of capital and the increasing frequency of lending activities,new criminal behaviors such as illegal usurpation of property by means of increasing debts,falsifying evidence,maliciously creating breach of contract,charging high fees and so on have also emerged.Through comprehensive analysis of criminal cases of “arbitrage loan”,the judicial identification methods and laws of “arbitrage loan”crime have been summarized,and the solution has been made It is of great theoretical and practical significance to solve the confusion in judicial practice.Based on the investigation of the current situation of the criminal cases of “routine loan” in China,and taking the criminal judgment of “routine loan” on China judicial document network as the research sample,it is concluded that the judicial situation of “routine loan” criminal cases shows that the number of cases increases year by year,the distribution of areas is wide,and the number of cases involved is large;the judicial situation of “routine loan” criminal cases has relatively concentrated charges The behavior involved in the case is characterized by regularity and large amount of money involved.At present,the prominent problems in judicial cognizance of the criminal cases of “routine loan” are as follows: crime and non crime,one crime and several crimes,joint crime,and the cognizance of involvement in mafia.The main reasons are that there are differences in criminal law theory,unclear judicial interpretation,and comprehensive complexity of the act itself.In order to solve the problems existing in the judicial cognizance of the current criminal cases of “routine loan”,we should change our ideas,clarify the relevant concepts of the criminal cases of “routine loan” accurately,improve the credibility and prestige of the judicial trial,clarify the boundary between the crime of “routine loan” and usury,and grasp one crime and several crimes in the crime of “routine loan” accurately The standard of identification,the establishment conditions of joint crime in the crime of “routine loan” accurately,and the standard and situation of the crime of “routine loan” involved in mafia clearly.