A Study On The Dispute Over The Identification Of"Tao Lu Dai" With The Crime Of Fraud

With the rapid development of China's economy,the demand of various parties in the market for financial financing is also increasing,but the loan conditions of various financial institutions are generally higher,therefore,as one of the important financing channels in the market economy,private lending is becoming more and more active.However,such an environment also breeds some new illegal and criminal behaviors under the banner of private lending,of which "TaoLuDai" is a typical example.Since 2012,"TaoLuDai" broke out in coastal cities with developed economy,such as Shanghai,and then in other provinces and cities across the country,resulting in many victims' wealth and death.For a time,"TaoLuDai" aroused the attention and attention of the major news media,the public and local judicial organs.Relevant departments and judicial organs have issued a number of judicial documents and judicial interpretations from the local and national levels in order to timely and effectively deal with "TaoLuDai" cases."TaoLuDai" is a general appellation of a series of behaviors,rather than the name of an independent behavior,and the recognition of which varies from place to place due to its different forms in different regions.Therefore,various local judicial documents and judicial interpretations have different provisions on the concept and treatment of "TaoLuDai".It is very disadvantageous to unify the way of handling the case of "TaoLuDai" and make a fair and consistent judgment."TaoLuDai" the aim is to seize the property of others,their behavior and private lending as banner,therefore,this article first from the typical case of "TaoLuDai",through the analysis of typical cases,specifying "TaoLuDai" difference from ordinary folk lending behavior and usury behavior,to identify it as the nature of the crime.At the same time,the author in "TaoLuDai" the criminal case with the highest frequency of Zhejiang province as an example,and "TaoLuDai" crimes to the mostconcentrated outbreak in 2018 and 2019,two years for a time range of everything that has happened in Zhejiang province based on the two years "TaoLuDai" criminal cases document reading,sum up the main means,"TaoLuDai" summing up the crime of "TaoLuDai" mode.It is concluded that the definition of the concept of "TaoLuDai" is the most accurate in opinions on several issues concerning the handling of "TaoLuDai" criminal cases(hereinafter referred to as "opinions").Second,the "opinions" in the "TaoLuDai" made for its "pocket" the crime of fraud crime charges,and the principle of crime number recognition is very general,as a result,"TaoLuDai" whether the crime constitutes crime of fraud,and constitute the crime of fraud of the "TaoLuDai" number that should be how to sin,become the issues to be resolved.In the second part of this paper,the author enumerates the above issues one by one and explains them in detail to extract the core focus of the disputes.Finally,in the third part of this article,the author of "TaoLuDai debt" and "trap" default behavior whether it is a fraud,when the victim dispose property began,whether the malicious lawsuit behavior constitutes fraud triangle and constitute a crime of fraud of the principle of "TaoLuDai" when in what crime number identified these four core disputed point,combining with the theory and the practice carried out a detailed analysis and argumentation,and ultimately unified conclusion.