On The Criminal Regulation Of "routine Loan" Behavior

In recent years,with the vigorous development of China’s market economy,the market economy has carried out more in-depth reform,and the economic situation has been continuously deepened,so that the level of China’s economic development has been significantly improved."Routine loan" is a new type of illegal loan crime emerging in the environment in recent years.The first part through the "7.30 network routine credit" and "routine is borrowed" real case "female university in routines were forced to work entertainment club" analysis,"routine" loan of different crime types of research,analysis the main body of the crime,behavior pattern,means.The second part studies the meaning and behavior pattern of "routine loan" crime.According to the case analysis,it can be known that the general criminal behavior pattern of "routine loan" crime cases is as follows: the actor signs a false loan contract with the victim to create the illusion that the loan amount is too high;Creating the illusion of borrowing through bank transfer records.The third part expounds that in the judicial practice "routine loan" is generally convicted and punished by the crime of fraud,and then analyzes the special objective constituent elements of the crime of fraud.Therefore,it is controversial whether the crime of "routine loan" constitutes the crime of fraud.The fourth part discusses the criminal law regulation conception of "routine loan" criminal behavior,analyzes the deficiencies of existing judicial interpretation,and the necessity of "routine loan" judicial interpretation.