Study On The Criminal Law Of "Routine Loan"

"Routes of lending" is a kind of behavior that takes private lending as the illusion,signs false contracts or blank contracts,and then takes violent means to claim debt to achieve the purpose of illegally seizing other people’s property.In recent years,the cases of "routine loans" have seen an explosive growth,with serious social harm,and become the object of severe attack by the judicial organs.Because has been regulated in criminal law has not yet,only some guidance for the court,these guidelines will take the majority opinion in peaceful means the implementation of "routine is borrowed" crime as crime of fraud,leads to the formation of a practice as long as the implementation of routine will constitute the crime of fraud of the loan,does not consider whether the crime in accordance with the constitutive requirements of crime of fraud.This practice makes the crime of swindling become a "bag crime" of "routine loan",which obviously violates the principle of legal punishment of criminal law.In determining whether the "routine loan" constitutes the crime of fraud should be considered from the following aspects: first,whether the actor subjectively has the purpose of illegal possession of property interests,if the actor does not have the purpose of illegal possession subjectively when signing the contract,his behavior does not constitute the "routine loan";Secondly,whether the criminals have objectively implemented the routine behavior of making up the facts and concealing the truth,if the criminals have not made up the facts and concealing the truth,but because of the doer’s own reasons into the wrong understanding,it does not constitute the crime of fraud.Finally,whether the doer has fallen into the wrong understanding,the borrower should not be included in the scope of falling into the wrong understanding in the case of knowing the routine,which is the key element to judge whether the criminal constitutes the crime of fraud.As a new kind of criminal behavior,"routine loan" has many problems in the judicial identification.In order to solve these problems,first of all,the determination of the crime number of "routine loan" should adhere to the overall evaluation,prohibit the repeated evaluation,distinguish whether the pre-act and post-act have criminal implication relationship,and accurately identify the crime number.Secondly,in the guidance opinions on "routine loan" of accomplices,the "conspiracy" stipulated in the previous criminal law has been changed,and "knowing" has been taken as the standard to identify "routine loan" of accomplices,which is conducive to comprehensively cracking down on "routine loan" crime.Finally,because the relevant guidelines did not inflated amount in the "routine is borrowed" regulation,namely inflated amount which should be considered before and after the sentencing circumstances of the crime should be combined with comprehensive evaluation,the overall crime to the criminal and the victim was originally the purpose of signing a contract is illegal occupy the victim property,The fact that the inflated amount is identified as the sentencing circumstances of the previous offence should be taken into account.