| At present,cases related to the behavior of "Trap Loan" frequently appear in practice,the application of law in such cases poses new challenges to justice.Since the introduction of the first national guidance on handling "Trap Loan" cases,the behavior of "Trap Loans" is a mixture of civil and criminal issues.Complexity makes the regulation and guidance of legal regulations more difficult.Faced with this problem,it is necessary to use the Criminal Law to prevent it,but also to complete the corresponding supporting legal system to curb its development.This paper consists of introduction,body and conclusion,which constitutes discussing the relevant issues of "Trap Loan".The preface mainly introduces the criminal behavior of "Trap Loan",briefly introduces the harmfulness of "Trap Loan" to society and individuals,as well as the different views of the academic circles on the behavior of "Trap Loan".This article intends to use empirical research combined with normative speculation,and use data and cases to answer relevant issues in judicial practice.The first part which is in the main body is an empirical analysis of criminal cases related to "Trap Loan".Summarize and sort out the judgment documents,and get the relevant characteristics of the criminal case of "Trap Loan".The second part which is in the main body is the "Trap Loan" in the dimension of criminal offense.Using the empirical analysis in the first part to clarify the difference between "Trap Loan" crimes and private lending,sum up the essence and elements of Trap Loan crimes,and then use the empirical analysis of various crimes to determine the behavior of "Trap Loan".The controversy generated in theory and practice of the model is analyzed.The legal benefits of various crimes are used as the foundation of conviction and sentencing.The boundaries of conviction are clarified based on the different legal benefits infringed by the behavior model,and the conviction and punishment under the "Trap Loan" behavior model are discussed.The third part is the relevant suggestions for perfecting the criminal regulation of "Trap Loan".It is pointed out that we should be vigilant against the expansion of judicial identification of "Trap Loan" crimes.At the same time,the awareness in the crimes should be interpreted in a limited way.The identification of organizations of a gangland nature and gang-like groups should correspond to their unique characteristics based on co-crime.The determination of the amount of crime and the crime pattern of the "Trap Loan" crime should be analyzed according to the specific circumstances;the judgment of criminal responsibility should examine the subjective psychological state of the counterparty and the cognitive ability of the relevant behavior object,so as to reduce or aggravate the criminal responsibility.In addition,the disposal of the property of the "Trap Loan" crime is related to the protection of the rights and interests of various stakeholders.It must be based on the protection of legal property to effectively restore the victim’s property loss,and achieve social effects and benefits on the premise of ensuring a balance between crime and punishment.The conclusion part summarizes and summarizes the main points of the main body of this article. |
