Research On The Current Situation And Prevention And Control Countermeasures Of The Crime Of "Loan By Arbitrage"

In recent years,the illegal and criminal activities in the name of private lending are increasingly rampant,and the destructiveness of crime is increasing.In some areas,the "routine loan" has gradually developed into the illegal and criminal activities often carried out by the black and evil forces,which seriously infringes upon the personal rights and property rights of the people,even destroys the economic order and social order,especially poses a major threat to the normal security order,which seriously affects the people's daily life and social harmony.Through the analysis of the current situation,characteristics and the problems faced by the investigation and treatment of the crime of "routine loan",this paper puts forward some suggestions to prevent and combat such cases.The article consists of four parts.The first chapter is an overview of the crime of "loan arbitrage".This chapter is divided into two parts,the first part mainly introduces the connotation of "loan by arbitrage" and the criminal means of the lender in each stage;the second part introduces the relevant charges and the determination of the number of crimes that the lender may involve in a certain stage on the basis of clarifying the fundamental difference between "loan by arbitrage" and private lending;The second chapter is divided into two parts to introduce in detail about "loan by arbitrage" The current situation,characteristics and problems of the crime of loan.From the perspective of legislation and justice,this paper analyzes the current situation of "loan arbitrage" cases,combs the legislative status of "loan arbitrage" crimes in recent years by listing,and introduces the judicial status in detail.Based on the factors such as the lack of legal awareness of borrowers and the diversity of criminal means of lenders in the "loan arbitrage" crime,we have a deep understanding of "loan arbitrage" The current situation and characteristics of the "road loan" cases are the key to prevent and crack down at present;The third chapter is about the system investigation of foreign countries to prevent and crack down on the "road loan" crime and the enlightenment to our country.This part introduces in detail the legislation and regulation of "arbitrage loan" in Japan,the United States,Italy and other countries.Other countries regulate similar crimes with "usury loan crime".We should adjust the defects of our system in time,such as strengthening the supervision of online loan companies,reducing the threshold of market access and so on,so as to improve our country Relevant systems.However,in legislation,the increase of charges is not an overnight thing,but on the basis of improving the relevant laws,the combination of criminal law and other laws can be realized,and at the same time of standardizing the private financial market,it can promote the continuous improvement of our country's legislation on the criminal act of "arbitrage loan";The fourth chapter is about the countermeasures and suggestions to prevent and combat the criminal act of "arbitrage loan".In this chapter,by combining the above-mentioned problems in the investigation and punishment of such crimes,from the perspective of crime identification,investigation and punishment procedures and other supporting angles,this paper respectively puts forward feasible countermeasures and suggestions to combat and prevent the crime of "arbitrage loan".