Research On The Issues Of Identifying The Behavior Of "Routine Loan"

With the development of the economy and the convenience of private transactions,people’s demand for funds has increased significantly,and some so-called "micro finance companies" have emerged,which capture the weakness and psychology of people in urgent need of funds: Weaknesses are basically manifested in the need for a large amount of funds in a short time,and they are unwilling to obtain it through formal channels,due to the long time of formal channels,many procedures,and complicated procedures;the psychology of this group of people is that the transaction is just an ordinary private loan,although the interest rate slightly higher,but there is no risk.Some lawbreakers take advantage of the psychology and weaknesses of this group of people to make "routine loans",a new type of illegal and criminal activity,emerge in the economic field.In recent years,the high incidence of "routine loan" cases has brought great harm to people’s lives and also brought great challenges to the credibility of judicial organs.With the development of time,"routine loan" has formed a complete operating system.There are some methods of committing crimes of the perpetrators.The first step is deceiving the victim,and have a false loan contract with the victim.Then forging evidence of the loan,mainly creating bank transfer records,and then deliberately creating facts of breach of contract to make the victim fall into a breach of contract.Finally resorting to soft violence or Hard violence and other methods are used to collect accounts.For the increasingly rampant criminal activities of "routine loans",the relevant judicial organs have issued relevant guidance documents.In October 2017,Shanghai issued the "Opinions on the City’s Handling of Criminal Cases of Routine Loans".This is my country’s first document on “routine loans” and fills up the gaps in the field of “routine loans” in my country.Subsequently,in March 2018,Zhejiang Province published documents of "Opinions on Handling Criminal Cases of "routine loans"".In April 2019,the Supreme People’s Court issued the "Opinions on Several Issues Concerning Handling Criminal Cases of Underworld Forces" and "On Handling Implementation Opinions on Several Issues in Criminal Cases of "Soft Violence",which provides great help for how to solve the related problems of "routine loans".However,in theory and practice,there are still many shortcomings related to"routine loans",and it is necessary to continue to explore its existing problems in order to better define the crime of "routine loans" and give correct penalties.This article is based on the basic concept and model of "routine loan" to study its related criminal law issues.The main structure and content of this article are as follows:The first part is the narrative part of the case.This article mainly lists three cases of "routine loan" but convicted of different crimes,namely,the fraud by Qian and others,the illegal detention of Chen and others,and the extortion and extortion by Lin.Through these three cases,the author specifically analyzes the behavioral patterns of "routine loans" and the different legal benefits of infringement,summarizes their common characteristics and differences,and summarizes the focus of disputes in the case.The second part is legal analysis.This part mainly qualifies the behavior of "routine loan",mainly discusses the summary of the crime of "routine loan" and its behavior characteristics.As well as the analysis and reasoning of different crimes committed by the behavior of "routine loans",it is mainly divided into several parts,clearly defining "routine loans" and private lending,the determination of joint crimes in "routine loans",and correct judgments of various "routine loans".The number of crimes and the amount of crimes.The third part is the research conclusion and enlightenment.That is to say,summarize the problems in the cases analyzed in the aforementioned articles,the focus of disputes in the cases and legal analysis,and give enlightenment.First,it is necessary to correctly recognize from multiple angles that "routine loans" is not equivalent to private lending;second,it is necessary to unify the applicable standards for "routine loans" cases by improving relevant judicial interpretations;then,it is necessary to strengthen the supervisory supervision of related industries.Raise the threshold of the lending industry;finally,intensify the propaganda of "routine loan" cases to raise the public’s awareness of prevention.