On The Criminal Law Regulation Of Usury

Due to the huge economic benefits brought by the usury,the private usury in our country is becoming more and more fierce.Its abnormally high interest rate not only infringes the property rights of citizens,but also destroys the financial management order of our country.Some folk usury violent means of debt collection and illegal sources of loan funds have caused more and more crimes such as intentional injury,illegal detention and illegal fund-raising,causing serious social harm.This paper mainly discusses the criminal law regulation of usury,expounds the necessity and feasibility of the criminal law regulation of usury in combination with the current criminal policy of China,analyzes the problems existing in the judicial practice of regulating usury with the crime of illegal operation,and puts forward some suggestions based on the investigation and reasonable reference to the experience of the criminal law regulation of usury abroad The new conception of the crime of usury is expected to help the judicial organs fight against this kind of crime and enhance the predictability and deterrence of criminal law.Firstly,this paper analyzes whether the usury should be regulated by criminal law and the necessity of regulation.At present,there are two theories about whether the usury behavior should be included in the crime in the academic circle,the affirmation theory and the negation theory.This paper expounds the serious social harmfulness of usury itself and its derivative behavior,combines the current situation of criminal policy to eliminate crime,and the reality that civil and administrative means are not enough to sanction it,and concludes that the view of affirming usury as a crime is more reasonable.Secondly,it analyzes the current situation of the criminal law regulation of usury and the existing problems.At present,the judicial practice will mainly violate the national regulations,and often illegally engage in the activities of usury,which will be convicted and punished as the crime of illegal operation.After analysis,this paper holds that the private usury does not violate the "national regulations" of the pre clause of the crime of illegal business operation,and the fourth clause of the crime of illegal business operation is not applicable.The conviction and punishment of usury by the crime of illegal business operation not only violates the statutory principles of crime,but also does not conform to the principles of crime adaptation.Finally,based on the investigation of the current situation of the criminal law regulation of usury in foreign countries and the reasonable reference of the relevant regulatory experience,this paper puts forward that,under the premise of combining the social environment of our country,it is necessary to formulate the prepositive laws and regulations to define the upper limit of the maximum interest rate of private lending,and form a reasonable link with the criminal law regulation of usury.In addition,in order to improve the criminal law regulation means of usury,this paper puts forward the idea of adding "usury crime" in China's criminal law,and makes reasonable provisions on the crime description design and legal punishment configuration of the crime,and regulates usury behavior by means of legislation,so as to effectively crack down on related crimes and maintain the harmony and stability of social order.