Legal Dogmatic Analysis Of Criminal Law Application Of Routine Loan Crimes

Recent years,in the background of the rapid development of China’s market economy and active private lending,a new type of“routine loan”crime that illegally embezzles the property of others for the purpose of illegal possession and pretends to borrow private lending has shown a high incidence,causing widespread social attention.Due to factors such as the concealment of the "routine loan" criminal method and the ambiguity of the nature of the case,the judicial organ has many problems in handling the "routine loan" case.In response to this,in April 2019,the "Opinions on Handling Several Issues Concerning the Handling of" Routine Loan "Criminal Cases" was released,which provided a solution for practical work.The "Opinions" recognize the "Routine Loan" as an illegal and criminal act,and stipulates the selection and determination of the "Routine Loan".However,because "Routine Loan" is not a new crime,China’s "Criminal Law" has no special provisions on it,and some judicial organs have disputes when applying the legal provisions of "Routine Loan" cases.In practice,there are also extensive discussions on the qualitative issue of "routine loans" cases.From the perspective of the doctrine of criminal law,this article examines the conditions under which the "Routine Loan" involving fraud crimes can ultimately be convicted of fraud,and provides ideas for the application of the Criminal Law of "Routine Loan" involving fraud crimes.The full text is divided into four parts:The first part introduces the classic "Routine Loan" case of fraud cases.At present,there are disputes in the handling of "Routine Loan" cases in judicial practice.The nature of "Routine Loan" is generally adjusted by the scope of civil law The illegal act is also a criminal act regulated by criminal law.When it is determined that it is a criminal case,it is necessary to clarify how to characterize and apply the law when dealing with "routine loan" cases.The second part is to clarify the factual category of "Routine Loan"."Routine Loan" is a general term for a series of criminal activities in which the perpetrator uses illegal possession for the purpose of creating a false appearance of private loan and illegally occupying the victim’s property.Due to the variety of criminal methods used by "routine loans",the author combed the criminal characteristics and behavior patterns of "routine loans".The third part mainly discusses how to apply the criminal law to the "Routine Loan" crime from the perspective of dogmatics.In this part,the author provides the basis for the issue of "routine loan" cases should be included in the scope of criminal law regulation and under what conditions the "routine loan" case can be applied to the legal provisions of fraud crime for regulation.The fourth part elaborates how to deal with the difficulties of co-criminal determination of the "routine loan" cases and the determination of the amount of crimes in judicial practice.