Research On Judicial Application Of "Routine Loan" Crime

With the development of the market economy,private capital has continuously poured into the field of financial lending,and private lending and usury have gradually developed and become increasingly active.In order to chase higher profits,in recent years,illegal and criminal activities that infringe property under the name of private loans have begun to appear and are increasingly rampant.In judicial practice,the term "Routine loan" has gradually formed.In some areas,"Routine loan" have gradually developed into illegal and criminal activities routinely carried out by criminal forces,which are extremely harmful to society.In April 2019,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Several Issues concerning the Handling of "Routine loan"(the following referred to as "Routine loan" Opinions),which further standardized criminal judgment standards in "Routine loan" criminal cases.However,most of the "Routine loan" Opinions provide guiding and principled provisions at a macro level,and many of them are still vague and general.They lack the explanation of the deep theoretical reasons for "Routine loan" crimes and specific standards for applicable laws.In addition,the "Routine loan" criminal case itself has a complex behavior model,numerous "Routine" methods and rapid development.One "Routine loan" crime may involve multiple charges and legal relationships,and judicial application of the "Routine loan" crime still exists many issues and disputes.By investigating and analyzing the referee documents related to "Routine loan" crimes on the internet of referee documents,it can be found that the current "Routine loan" criminal cases show four characteristics: first,the "Routine loan" crime criminal cases have increased significantly;the second is "Routine loan" crime involves various crimes;the third is that the number of crimes of "Routine loan" is complicated;the fourth is that "Routine loan" crimes have the characteristics of grouping,evil forces,and organized organization."Routine loan" crimes can usually be divided into two stages: making debts and demanding debts.During the debt-making stage,the actor performs step-by-step "Routine" fraud.Illegal lending may constitute the crime of fraud and illegal business.During the debtcollection stage,the actor uses peaceful litigation or non-peaceful violence.Differences in methods such as soft violence may constitute crimes such as extortion,provocation,crime of illegal detention,and false litigation.The identification of the number of crimes of "Routine loan" needs to be combined with its staged characteristics.The focus is to determine whether the debt collection is peaceful and whether it is beyond the scope of the crime of financial invasion.The victim's property was obtained in a false lawsuit and convicted and punished for fraud.Second,the actor in the debt collection stage uses extortion,robbery and other non-peaceful means mainly to invade the property to make the victim deliver the property.Fraud is related to debt collection.If the fraud does not acquire property,the crime of extortion,robbery conviction and punishment of crimes such as crime of infringement of money;if part of the property has been obtained by fraud,the crime of fraud and the crime of extortion and robbery shall be punished together.Third,non-peaceful means such as illegal detention,illegal intrusion into the house,provocation,etc.are used by the actor in the debt collection stage,and other legal interests are violated separately.Type crimes are punished by multiple crimes.For the determination of "Routine loan" joint crimes,two factors affecting the determination of accomplices should be noted: subjective common intentional and knowing;meanwhile,the "Routine loan" joint crimes are determined in three steps based on the combination of accomplice identification standards: objectively created the crime facts that can be attributed to multiple actors,determined the principal offender and the crimes it may constitute,and examined the contribution and responsibility of the accomplices to the facts of the crime;Comprehensive analysis of the majority,the purpose of the crime,the organization,and the stability;The "Routine loan" crime has a cross relationship with the evil forces,and the identification of the evil forces in the "Routine loan" crime needs to conform to the evil forces subject,means,scope,harmfulness,and embryonic characteristics,and the identification of triad-like organizations needs to be based on the core characteristics of illegal control and significant influence in accordance with the four defining standards of triad-like organizations;The identification of the master and slave of the crime needs to be based on the degree of participation of the actor in the two stages of behavior and differences in contributions are recognized in both the subjective and objective aspects.The identification of the amount and form of "Routine loan" is based on the principle of "negative evaluation as a whole" in the determination of the amount of crime,based on the amount of the victim's intention to illegally occupy the victim's property,and the deduction of the actor to achieve the principal that was actually paid to the victim for the purpose of the crime;The second is the determination of the amount of the attempted and the attempted,which requires a specific analysis based on whether the amount of the victim's actual repayment exceeds the actual loan principal,so as to avoid omission of evaluation or excessive punishment happening.