Study On The Legal Application Of "Routing Loan" Crime

Since the new period of socialist construction,China's criminal manifestations have gradually presented some new attributes.For example,the intelligence,organization and profitability of crimes have become increasingly prominent.The "routing loan" crime is a new type of collection of the above three attributes.Crime,which seriously jeopardizes personal rights,property rights and social management order.In fact,"routing loans" is only a concept of facts and social phenomena,not a concept of legal concepts and norms.Without throwing away its general illegality,the author chooses "routing loans" to study this area of crime.First of all,to clarify the concept of “routing loan” as the entry point,the crime of “routing loan” is generally expressed as: “manufacturing the illusion of private lending” and “inducing the victim to sign a false high contract in the name of 'guarantee'”.The steps of falsifying fake bank flow or loan payment vouchers,unilaterally deliberately creating defaults,arbitrarily transferring accounts,agitating mortgages,violent debt collection,and bringing false claims are visible through the above process.The essence of "routing loan" is the purpose of illegal possession.In the name of private lending,fraudulent evidence is obtained by defrauding the victim to sign a false contract,forfeiting the debt,and forging false funds to force the victim to continue borrowing and lending.Constantly high debts,and finally through illegal detention,extortion and other violent means to seek debts,and even wooed lawyers to conduct false lawsuits to achieve the purpose of illegally occupying the victim's property.Compared with usury,“routing loan” is for illegal possession rather than for high interest.The name of “margin” is used to defraud trust rather than voluntary,and the scope of object violation is more Wide,the legal consequences are more serious,so the crime of "routing loans" must be criminalized.In the fight against this new type of crime,since the laws and regulations do not directly list the criminal punishment of “routing loan” crimes,the judiciary is also facing new challenges,and it is necessary to deal with crimes and non-crimes and the application of crimes.Study carefully,deepen understanding,and accurately grasp.First of all,in the judicial practice,if the whole course of “routing loan” is to make the borrower misunderstand through the fictional facts such as “unsecured loans” and the method of concealing the truth,then sign the false high contract based on the wrong understanding.,mortgage real estate,etc.to dispose of their own property.Then the whole process of behavior is in line with the criminal elements of fraud,and should therefore be considered to constitute fraud.In this process,"routine loans" have the purpose of intentionally obtaining illegal profits,and both the borrowing and the loans have touched the market operation order,so comprehensive consideration may be considered as an illegal business crime.In addition,special acts of “routing loans” for violations of citizens' personal rights,property rights,and social management order,such as crimes involving illegal detention,kidnapping,extortion,robbery,provocation,organization,leadership,participation in organized organizations Crimes such as false litigation crimes should be analyzed in detail from the crime subject,the subjective purpose of the crime,the criminal object,and the objective behavior of the crime,in order to accurately distinguish the crime from the crime,and strictly control the crime of "routing loan".Strike.At the same time,due to the complexity of the "routing loan" modus operandi,the number of crimes is particularly important.In the "routing loan" problem,if there is an implicated relationship between multiple acts of criminals,they must be punished for a felony,but if they are independent of each other,they should be punished together.At the same time,by arranging the crimes of fraud and soft violence,hard violence,serious violence and false litigation,the criminal punishment of multiple related crimes is compared to determine the application of the crime in the above different situations.The "routing loan" crime is generally carried out by many people.The judiciary must clarify the participants of the facts in each section and their status and substantive role,and accurately identify the principal and accomplice.Because the "routines" in "routing loans" are easy to communicate,easy to spread,and easy to copy,in practice,from the perspective of benefiting the victims,in order to reduce the criteria for determining the "routing loan" crime,the "routing loan" is identified.In the case of joint crimes,"knowing the truth" should be used instead of the "pre-conspiracy theory" adopted by common criminal offences.At the same time,with the trend of collectivization and gangs in the "lunch loan" crime,and the increase in the social and evil forces against the evil forces,the criminal gangs and the underworld organizations in the "routinum loan" crime must be severely punished.At the same time,the loan is not unreasonable.In addition,for the participants in the “routing loan” criminal company or group,the principal and the accomplice must be determined according to the facts of the case,and finally they should be punished according to their status and substantive role.The determination of the amount of crime is of great significance to the law application of “routing loan” and the guilt of the defendant.Since the "routing loan" crime is a crime for the purpose of encroaching on the victim's property,the amount of money involved is large,and various items such as "interest","guarantee" and "service fee" are mixed,so in the process of specifically determining the amount of crime,Pay attention to the consistent evaluation of subjective and objective.In addition,when the amount of crime is determined,it can be negatively evaluated as a whole,and the property illegally occupied by criminals should be included in the amount of crime.Regarding the problem of "routing loan" crimes,according to the provisions of the criminal law on the elements of intentional crimes,the crimes of "routing loans" can be divided into three categories: result offenders,behavioral offenders and actigators.The "out of control" is generally adopted for the "sports loan",that is,the victim's actual loss of control over property is the boundary.Regarding the attempt of "routing loan",although the criminals in the case have already started the criminal act of "routing loan",as long as it is not due to reasons other than will,it should be considered as an attempted crime according to the amount of property that has been illegally occupied.With the proliferation of criminal acts of "routing loans",it is necessary and urgent to regulate them from the judicial point of view.It is hoped that by deepening the study on the application of the law of "routing loan",it can help fight crime and purify the business environment.Protect the interests of the people from infringement.