The Research On The Criminal Law Regulation Of Illegal Lending Behavior

Criminal activity in recent years,illegal lending to become one of the key to the public security organs in China to crack down on crime,in October 2019,the Supreme People’s Court,the Supreme People’s Procuratorate,Ministry of Public Security,the Ministry of Justice jointly issued the "opinions about some issues to handle criminal cases of illegal lending",will be explained if the circumstances are serious illegal lending as the crime of illegal business,Thus illegal lending will be clearly included in the criminal law regulation.The academic circles have different views on the judicial interpretation of illegal business crime to regulate illegal lending.In judicial practice,there are some problems such as inconsistent application of law in the judgment of illegal loan crime cases,which make some judgment results suffer from social disputes.In serious illegal lending behavior in criminal law,under the context of the meaning of illegal lending behavior and illegal possession of property of others routines,usury,loan usury in different rolling of sin,and the connotation of illegal lending excluding illegal lending take violence,intimidation and other illegal means collection of illegal debt.Will be explained if the circumstances are serious illegal lending as the crime of illegal business,did not violate the principle of legally prescribed punishment for a applicable law is a reasonable method,contribute to effective connection of criminal law and civil law and administrative law,maintain the stability of the system of financial crimes,avoid separately set up the crime of illegal lending from the legislation,to increase the number of charges of criminal law.This paper analyzes and studies the judicial status quo after illegal lending is included in the regulation of criminal law by using empirical analysis method,and finds that after the implementation of Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending,although the problem of illegal lending behavior being criminalized is not clear,there are still some problems in the judicial application.For example,in the case of "routine loan",the dispute over the nature of the crime of illegal business and the crime of fraud,the identification of the"profit-oriented" in the illegal loan,the identification of the standard of the underworld organization or the evil force or the evil force criminal group in the organized illegal loan,and the identification of the number of crimes.In the course of judicial trial,we should convict strictly in accordance with the principle of legal punishment,correctly identify the subjective purpose of the doer is to make profits or to illegally occupy other people’s property,so as to accurately distinguish the boundary between the illegal business crime in illegal lending crime and the crime of fraud in "routine loan"crime.In determining whether illegal loan actors belong to the evil forces,we should adhere to the principle of seeking truth from facts,accurately grasp the characteristics of the evil forces,and cannot artificially promote.At the same time,we should grasp the standard of determining the number of crimes,so as to be truly impartial,fair and vertical.