Research On The Issue Of Criminal Law Regulation Of "Routine Lending"

Routine loan is a new criminal pattern which is dissimilated from private lending.It usually creates the false civil appearance by well-designed routines,and also creates the debit and credit trap,in order to illegally accroach borrower properties.Accept the direct violation to citizen property rights,also will the routine loan make a further inroad on citizens'personal rights by taking violent or soft violent means,and undermine normal judicial order through false litigation.it's a kind of obstruction of justice and is awfully harmful to the society.To dealing with the endless routine loan cases,the supreme judicial court,the supreme procuratorate,justice ministry and public security ministry have developed a policy named "comments about how to handle routine loan criminal cases" in April 2019.In this policy,the conception of routine loan has been adequately defined.It also detailed specify how to solve routine loan issue in judicial practice.Nevertheless,the routine in routine loan differ in thousands of ways in specific cases.And this modern guilty deed is quite complex and puzzling itself on account of its' deliberately formed civil appearance.This made it really hard to determine the commission of a crime,and made it disputable to convict after.This text is attempting to solve the criminalization and criminal regulation problems related to routine loan in judicial practice by defining the concept,summing up the rules of behavior and analyzing the application issue of law.This text is divided into four parts.Chapter one talks over the conception of routine loan,so we can easily separate usury from routine loan,in a sense that where is the boundary between the criminal intervention and the pure civil loan contracts.To clear and definite the limits of criminal intervention,we must understand the necessities of criminal intervention and the legal benefits worth protecting in routine loan.Chapter two analyzes the social harmfulness about routine loan behavior and the necessity of punishment.On the basis of clearing the criminal attributes above routine loan,the third chapter makes further discussion about the dilemma of routine loan's criminal regulation.On the one hand,the actor of routine loan just wrap up in seemingly legal civil loan clothing to escape from criminal law sanctions.From the perspective of behavioral representation,it's just civil economic dispute.The limits between civil law and penalty is really blur,so it is so difficult for the criminal substance to pierce the civil veil.On the other hand,after the introduction of a series of policy documents,the other risk lies in cracking down too hard.Civil loans with some of routine loan features be deemed as committing a crime.When judicial organ determines if routine loan constitutes a crime of fraud,they somehow ignored the constitutive requirement of fraud like victim misunderstanding.In the progress of clamping down on triad organization,the judicial organ ignores the legal features of triad and evil forces.In addition,as a compound crime model,routine loan has a great diversity of behavior patterns,many more participants,and infringement of different kinds of legal benefits.The legal consequences are serious.The routine loan may constitute multiple counts of crime like fraud and extortion.Therefor there are some arguments against specific conviction and quantity of crime form.Chapter four is trying to offer some solutions to get out of the problems in chapter three.In allusion to the blur limits between civil and penalty,difficulty to identify routine loan,we should essentially clear the concept of routine loan,then adhere to the legal principle of crime.it's very important to review the nature of the case in the early stage,and also the timeliness of criminal law intervention.On the application of law,routine loan,as a more complicated criminal act,can be divided into two parts.In previous stage,overall process of lending behavior,is most similar to the structure to the crime of fraud.Nonetheless can't we ignore the judgement of whether the victim knows the routine.As well as the appearance of Yin-Yang contract cannot be directly equated to fraud.In this stage,in situations involving violent coercion,the routine loan actor may also constitute a crime of extortion,forced transaction,robbery and seizing by force or any other property invasion crime.Specific determination should be discussed by situation.In the late stage,when the routine loan actor claims the debt,they may constitute a non-financial invasion crime.When the previous stage and the late stage constitute different charges,their forms of quantity of sins is also worth exploring.For there is no implication between the two behaviors,there will be joinder of punishments for plural crimes.What is more special is that in the late stage,the debt claims constitute false litigation.Under this circumstances,the before and after acts constitute implicated offenders.So that the felony punishment should be chosen.Scilicet penalties for crimes constituted in the previous period.In extremis,routine loans may also involve underground law enforcement brigades.So,there will be some problems involving the underworld.While clamping down on the underworld so hardly,the concept of evil forces should be clarified.As a result,the multi-player routine loan group will not be directly identifying as a gangster.Thus,causing a negative spillover effect.In summary,follow the train of thought that indeed what is a routine loan.Why should routine loan be guilty and how to convict it after being guilty.This text attempt to build a knowledge system of routines.In-depth discussion on the criminal regulation of routine loans and proposing some valuable thinking,accordingly to achieve the purpose of using criminal law to better regulate routine loan crimes.