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Research On The Criminal Characterization Of Illegal Lending Cases

Posted on:2021-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:B W ChenFull Text:PDF
GTID:2436330611963841Subject:Law
Abstract/Summary:PDF Full Text Request
For a long time,private lending has played an important role in the process of China's economic development.Because on the one hand,private lending is generally accepted by the public,on the other hand,the private lending market lacks relevant laws and regulations.This has led many criminals to rely on the convenience of Internet finance to commit crimes through the legal shell of private lending.In recent years,illegal private lending in the form of "campus loans" and "routine loans" has become one of the crimes that China's public security authorities have focused on.In judicial practice,there are cases where the application of the law differs in the judgment of such cases,making some judgments controversial.Therefore,this article will use statistical methods to analyze the characteristics of such crimes.To solve the problem of criminal nature of illegal loan cases.In addition to the Introduction and Acknowledgement this paper is divided into the following four parts.The first part is the basic interpretation of illegal lending cases.This part mainly discusses the origin and development of illegal loan,the definition of the concept of illegal loan and the general characteristics of illegal loan casesThe second part is the analysis of criminal qualitative status of illegal loan cases.This part mainly focuses on the application of illegal business crime in practice,The application of organized crime of triad nature,And the application of the crime of fraud and extortion.Finally,the qualitative status of such crimes in judicial practice is clarified.The third part is the problem of criminal characterization of illegal loan cases.The following aspects are discussed in this chapter:First,the judicial level is greatly affected by other factors.Second,the limitation of the application of judicial interpretation.Third,there are some difficulties in collecting evidence of such cases.The fourth part is based on the above three parts,for this paper's research inspiration.It covers three aspects:First,the conception of classification regulation of illegal loan cases;Second,the judicial interpretation and criminal policy should be accurately grasped in judicial practice;Third,the suggestion of administrative law enforcement.
Keywords/Search Tags:Illegal lending, The crime of illegal business, Organized crime, Criminal characterization
PDF Full Text Request
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