Research On The Crime Of Illegal Lending

With the development of China's market economy,the scale of private financing continues to expand,and illegal lending behavior also increases.Different from the legal private lending behavior,the illegal lending behavior has been on the edge of law and supervision for a long time.The emergence of illegal lending not only disturbs the financial order and market economic order of our country,but also easily induces the accompanying and secondary crimes due to the characteristics of illegal lending.In practice,the occurrence of illegal lending is often accompanied by other crimes,resulting in illegal lending as one of the important inducements of criminal crimes,seriously violating the personal rights and property rights of citizens Benefit affects the stability of social order.In October 2019,the Supreme People's court,the Supreme People's Procurator,the Ministry of public security and the Ministry of Justice jointly issued the opinions on several issues in handling criminal cases of illegal lending,which clearly defined the specific conditions and standards for the application of illegal lending behavior of "illegal business crime".Although the introduction of this opinion unifies the judicial scale and makes the judicial application precise,it is helpful to solve the legal application problems of the type of cases.But it can not be ignored that there are still some problems in defining the illegal lending as the crime of illegal operation,and there have been theoretical disputes about it.The theoretical disputes mainly focus on the limits of criminal law regulation,applicable charges,constitutive requirements,regulation methods and so on.These existing problems and theoretical disputes require us to continue to study the crime of illegal lending.Therefore,based on the provisions of the opinion,this paper analyzes the theoretical views and controversial issuesin the academic community,and puts forward some opinions and understandings,hoping to solve the legislative and judicial problems of the crime of illegal lending to a certain extent,To provide ideas for the continuous improvement and real play of the criminal sanctions system of illegal lending.