Research On Judicial Identification Of Routine Loan Crimes

The "routine loan" crime relies on the private lending market and uses the rules of evidence in civil proceedings to form a set of more concealed crime modes.In order to conceal the purpose of concealing illegal possession by ordinary folk borrowing and borrowing,the "routine loan" criminal method has been carefully designed to interlock and use a combination of deception and coercion to make the victim cooperate to form a false evidence chain.Objective evidence is the foundation for judicial authorities to determine the facts of a crime.A false chain of evidence designed to cover up the actual criminal behavior.When the information reflected by the evidence is not an objective fact but a false legal relationship,the law may even become a tool to assist in the commission of crimes.Therefore,the issues related to the judicial determination of “routine loans” crimes need to be clarified.By analyzing the behavioral characteristics of "routing loans" and grasping the basic behavioral patterns of such crimes,it is possible to accurately distinguish "routing loans" from ordinary folk lending,and to clarify how "routing loans" can be achieved by setting multiple traps.The purpose of embezzlement of the victim’s finances.At the same time,it probes into the reasons for the criminal regulations of "Routing Loans" and points out that "Routing Loans" violates various legal interests,and it is difficult for civil and administrative legal norms to restrict "Routing Loans" under the existing legal system.Further sort out the main crimes involved in this type of crime,including fraud,extortion,illegal detention,intentional injury,and false litigation under the system of "routine loan" criminal regulations.The composition of each specific crime The requirements are different,so the judicial determination of "routine loan" crimes should be combined with the actual circumstances of the case and cannot be generalized.At the legislative level,the "routine loan" crime has not been formally included in China’s Criminal Law as a new charge,but a series of judicial interpretations have roughly provided for the core elements of the type of crime,such as the nature,characteristics,and punishment methods.,Played a guiding role in the handling of this type of case in judicial practice.In practice,the number of cases involving "routine loans" has a large regional disparity and is spreading across the country.The overall trend is high.The number of civil cases involving "routine loans" is much higher than criminal cases.As a new type of illegal and criminal behavior,while the judicial department studies its characteristics and conducts targeted attacks after summarizing and summarizing,criminals are constantly updating their crime methods in order to avoid the crackdown,and look for more hidden criminal models.Therefore,the "routing loan" behavior ha s shown a new development trend.Based on the judicial status of "routine loan" crimes and the new development trend of the crime model,this article summarizes the difficulties in judicial recognition of "routine loan" crimes.The main points of identification are put forward,with a view to accurately identifying "routine loan" crimes on the basis of adhering to the legal principle of criminal punishment.