The Judicial Determination Of Crimes Related To Campus Loans

Nowadays,with the rapid development of China's market economy,there're remarkable achievements in financial field.In recent years,because of the elevated consumption level and booming information technology,the Internet,by virtue of its advantages in integrating social resources and wide coverage,promotes the online financial loans which thrives rapidly in the fields of daily consumption,study and entrepreneurship of young people,especially college students.The campus loan is the financial loan for college students,which is essentially a loan relationship.The statistics show that by December 2017,there are 74 Peer-to-peer(P2P)online loan platforms in business of campus loans in China.The proportion of college students with loans is 9%.The market size of college students' loans is estimated to be 400 billion RMB and keeps growing.At present,consumption in advance is well accepted in college students.The rapid development of campus loans and other financial methods helps college students with their financial burden,improved the use efficiency of social idle funds,and contributes to the whole economy.However,because the regulation of campus loans is not flawless and the campus loan itself is profit-driven,,some people begin to use the campus loan as new methods and platforms of crimes.Crimes such as deception and extortion severely obstruct the normal run of financial market and society,leaving a bad impression to the public.When it comes to the campus loan,the first things popping out of people's mind are the tremendous interest,the violence and the naked pictures that come with campus loans,not the convenience it brings.The cases related to campus loans are astonishing.Yet there is no so-called "campus loan crime" in the criminal law,and the series of methods adopted by the suspects makes it even harder for judicial identification.For the judicial perspectives,it is only possible to guide judicial practice when the clarification of which behaviours in campus loans are criminal is made and the crimes are thoroughly analysed.For the perspectives of legislation,by judicial clarification of campus loan crimes,it can be learnt which part in the criminal law could be reinforced,cutting down potential crimes form the source.Moreover,by reinforcing the criminal law,the potential criminals could be deterred,which contributes to the legal system of our country.Based on this,the thesis studies the identification of crimes in campus loans by the criminal law,in order to offer thoughts to solve the current difficulties in judicial practice.The research methods used in the thesis include literature research method,comparative method and case analysis method.The thesis is divided into four capters.In the first chapter,by analysing the development stages of the campus loan,the author clarifies the definition of the "campus loan".The campus loan is the loan for college students,which is a loan product mainly supported by Internet finance to provide financial services for college students' daily consumption,study,entrepreneurship and other activities.There're four stages in the development of the campus loan,startup,dormancy,prosperity and trough.The fact that the campus loan is now in the trough leads to some profound changes of it.For one thing,private funds are attracted by huge profits;for the other,campus loan platforms conduct illegitimate business with camouflage under rigorous regulations.These changes further aggravate the “campus loan chaos”,which have four characteristics: first,fast to make a loan with low barrier;second,the illegal use of personal information;third,the hidden cost is high;fourth,the violence in debt collection.In the second chapter,the author analyses the necessity and limit of criminal law intervention in the campus loan.There're still debates on whether the criminal law should intervene in the campus loan.Those who are against the criminal law intervention regard the campus loan as a financial service,which is important in the market economy.Therefore,the criminal law intervention violates its modesty and does not conform to the principle of utilitarianism.Those who are for the criminal law intervention concern that more and more people are involved in the campus loan,some even collude with gangsterdom,causing vicious cases from time to time.Therefore the campus loan is different from common loans,the campus loan can do serious harm to the society and has criminal illegality.The author believes that different aspects in the campus loan should be treated differently.The criminal law applies to the crimes in the campus loan and the legit campus loan should be regulated by civil and administrative methods.The social distraction caused by the “campus loan chaos” is definitive,and it could not be deterred by other methods.The normal run of society could not be maintained if crimes in the campus loan are not punished by the criminal laws.In the third chapter,according to the judicial practice,the author divides the campus loan behaviour that may violate the criminal law into five parts and discusses them respectively: first,the illegal use of personal information;Second,in the process of campus loan false publicity and deceive the signing of contracts and high-interest borrowing behavior;third,loans with naked pictures;fourth,violence in debt collection;fifth,the judicial clarification of campus loan platform assistance.In the meantime,the author discusses the possible charges,judicial identification,potential disputes in the five parts.For the illegal use of personal information,different identification needs to be carried out for different subjects.For the third party,it may be defined as the crime of fraud or crime of loan fraud.For the borrower,there may be the crime of using false identity documents or identity theft.For false advertisement and deception in contract-signing as well as feneration,the author thinks that the behavior of " false advertisement and deception in contract-signing " may be defined as the crime of false advertisement and the crime of fraud respectively.Whether the behavior of feneration can be defined as the crime of illegal operation should be judged from the following aspects: first,whether the degree of market order disruption is as a serious violation of as the basic rules;second,whether it is "serious" or not considering comprehensively;third,considering the principle of compatibility between crime and punishment.For loans with naked pictures,they include spreading and selling nude photos and forcing students to take nude photos for blackmail use.The author believes that the behaviour of spreading and selling nude photos may be defined as the crime of spreading obscene materials,the crime of making profits by spreading obscene materials and the crime of insulting.The blackmail behaviour may be defined as the crime of forced prostitution and rape.In the above situations,the victim take nude photos holding their ID cards by their own free will in the beginning,also taking into consideration that the nude photos might be used as blackmail materials by the campus loan platform.For this type of victim commitment,it is believed that the infringement of the national regulation of obscene materials,social order and the public is beyond the scope of the legal interests of individual can be punished,as a result,this commitment can not prevent but illegal.On the other hand,in case of infringement of personal legal interests,since the commitment is made on the basis of deception of the borrower,not on its true intention,it cannot be prevented from breaking the law.For violence in debt collection,according to different behaviours,there may be violations in the crime of extortion,trespass house crime,illegal detention crime,kidnapping crime and so on.For campus loan platform assistance,different crimes could be charged according to the subjects which set up the platform.When the platform is specially set up by a loan company,it can be determined that the platform is aware of all the behaviours given its specificity.Therefore,the person in charge of the platform should bear criminal responsibility for all the behaviours of the small loan company.When the platform only provides connection services,it is necessary to consider whether the platform and the lending company have a conspiracy.If there is a conspiracy in advance,it can be considered from the perspective of accomplice.If there is no conspiracy in advance,it is necessary to consider whether it can be defined as the crime of aiding information network criminal activities.In the fourth chapter,the author mainly discusses how to prevent the legal risks in campus loans.For the benefit of the regulation and the development of campus loan platforms,suggestions are brought up on improving industry self-discipline,strengthening regulation,standardizing operation mechanism,reinforcing financial legislation,building credit investigation system and improving information disclosure.In the end,the author thinks that,although there are some crimes in the campus loan which take advantages of the flaws in the regulation,it is necessary to improve the regulation of campus loans.It requires the reinforce of government regulation,industry self-discipline,law intervention.It is the only way that the campus law has a regulated and ordered future.