Study On The Standardization Of Judicial Identification Of "Routine Loans"

In the past three years of anti-mafia and anti-evil special struggle,"routine loan" has also been listed as a special fight to punish the focus.The criminal behavior pattern of "routine loan" is complex,which generally shows that the actor takes the legal form of "routine loan" to the borrower,often accompanied by the "soft violence" behavior,and then involves the crime of evil forces.However,"Routine Loan" and its related concepts are not concepts of criminal jurisprudence,nor independent charges.They are composed of the intersection of several acts and involve the determination of the relationship between several illegal and criminal acts,that is,the determination of crime and non-crime,one crime and several crimes.Therefore,it brings difficulty to judicial characterization and leads to deviation in judicial determination.Through the search of China Judicial Documents Network,117 criminal judgment documents of "routine loan" uploaded by courts at all levels in Hunan Province were retrieved,and the analysis was made based on the four cases of "routine loan" that the author participated in as a legal aid lawyer.First of all,the case sample is introduced.Combined with the case sample and theoretical knowledge,the three case elements of the "routine loan" case are summarized,including the behavior pattern,qualitative difference and the charge and defense dispute.Secondly,with the help of charts and other expressions,this paper puts forward the problems existing in judicial organs’ handling of "routinistic loans".At present,the theoretical disputes and practical disputes about the judicial determination of "routine loan" mainly focus on litigation.First,the dispute between the crime of "high-interest loan" and the non-crime,whether it constitutes the crime of illegal business operation or the crime of fraud;The second is the nature of "soft violence" collection behavior,whether it is associated with the lending behavior and evaluated as the crime of illegal business operation,or independently constitutes the crime of picking a fight and provoking trouble or the crime of extortion,and is punished together with several crimes of lending behavior;The third is whether the act of "routine lending" belongs to the crime of evil power,and whether it conforms to the identification standard of the crime of evil power(group).In view of the difficult and controversial problems in the handling of "routine loans" in judicial practice,combined with case analysis,this paper puts forward the optimal path: applying the three-class theory of crime system evaluation,ensuring the uniform application of laws and strictly applying the standards for the identification of evil forces.From rectifying the deviation of judicial concept to putting forward the standard paradigm of affirmation and strengthening the application of guiding cases,the paper puts forward the countermeasures on both theoretical and practical levels,so as to ensure that the handling of "routine loans" cases can stand the legal and historical tests.We hope to find out the crux of judicial case handling through sorting out the behavior pattern and qualitative differences of "routine loans",and provide reference countermeasures for the normalization of "routine loans".