Research On The Determination Of The Number Of Crimes Of “Routine Loan”

"Routine loan" is a new type of crime that has emerged in recent years.It uses the legal cover of private lending as a cover to create false loan traps,design scams,and then lure victims into the routine gradually,and then use violence,soft violence or litigation and other methods Asking for "borrowing money" is actually for the purpose of embezzling the victim’s property,rather than simply seeking high interest.Due to the diversity of debt collection behaviors,a series of downstream crimes may also be derived,which cause great infringements on the personal and property rights of the victims,and severely hit the people.The people’s belief in the authority of law is self-evident.At present,my country legislation and practice regarding the determination of crimes of "routine loans" is still relatively lagging.There is a lack of uniform and clear legal provisions for the determination of crimes of "routine loans".The relevant regulatory legislation is relatively loose.In judicial practice,it is often difficult for the person handling the case to be accurate.Grasping the determination of the number of crimes of "routine loan" has resulted in different convictions in the same case.This article first briefly summarizes the conceptual features of "routine loans",and analyzes and sorts out the status of the crimes of "routine loans" in domestic judicial practice by searching the relevant cases and documents of China Judgment Document Network and CNKI.It points out that "routine loans" The problems and deep-seated reasons in the determination of the number of crimes of "loan".Secondly,relying on the existing precedents of "routine loan" in judicial practice,according to the number of crimes committed before and after routine debt collection and illegal debt collection and the degree of violence,the common combined "routine loan" crimes are divided into different behavior patterns.Then,it summarized and analyzed the different standards for the determination of the number of crimes in the academic circle,and proposed that the determination of the number of crimes of "routine loan" should adopt the "complex" judgment standard of the number of crimes.To ensure a comprehensive and overall evaluation,and to prohibit repeated evaluations.Finally,based on the current judicial practice,relying on the basic theory of the number of crimes,and guided by the adaptation of crimes,responsibilities and punishments,the author analyzes the different views on the determination of the number of crimes under different behavior patterns of "routine loan" crimes in practice,and puts forward personal opinions.The current special struggle against gangsters and evil is coming to an end,"routine loan" crimes frequently occur in the special struggle against gangsters and have serious social harm.The research on the determination of the number of crimes of "routine loan" is a response to current social hot issues.,In order to gain some gains in the trial of "routine loan" cases in judicial practice.