Research On The Determination Of Civil And Criminal Limits Of "Routine Loan"

With the improvement of economic development level,"routine loan" cases are heating up gradually.According to the relevant judicial interpretation,"routine loan" refers to the illegal and criminal activities in which the perpetrator signed a loan contract or loan agreement with the victim in various ways under the guise of private lending for the purpose of illegally occupying other people’s property,and then formed a creditor-debtor relationship by inflating the loan amount,creating false payment traces,maliciously making a breach of contract,transferring a single account and balancing the high amount,and then illegally occupying the victim’s property by violence,false litigation or other methods.In judicial practice,"routine loan" may involve crimes such as fraud,extortion,illegal detention and false litigation.However,because of its various means and extremely confusing,it is easy to identify it,and it was often treated as cases of "private lending" and "economic disputes".It is precisely because of the unclear boundary between civil and criminal law of the "routine loan" behavior that the actor intentionally covers his true purpose through the cloak of private loan,As a result,the boundaries of civil punishment of "routine loan" behavior are easy to be confused,which makes it difficult to make a qualitative conviction when handling cases in judicial practice.The full text is divided into five parts.Firstly,this paper introduces the concept,characteristics,behavior patterns and possible crimes of "routine loan".By introducing a typical case of "routine loan",it summarizes the characteristics of "routine loan",so as to better distinguish "routine loan",sort out the behavior patterns of "routine loan",and get the possible crimes involved in "routine loan" cases for conviction and sentencing.In addition,by analyzing the judicial trial data of "routine loan" behavior,this paper summarizes the current situation and existing problems of handling "routine loan" behavior in China.Then,it points out the specific situation that the civil penalty boundary of "routine loan" is unclear,and explains the difficulties in the qualitative analysis of "routine loan" by discussing the unclear boundary between fraud and civil fraud,extortion and excessive rights protection,and false litigation crime and ordinary litigation.It also analyzes the reasons for the unclear boundary between civil and criminal facts,the differences in the collection of civil and criminal evidence,there are differences between civil rights and criminal legal interests infringed by "routine loan" cases,etc.In addition,and finally puts forward the method of clarifying the boundary between civil and criminal punishment of "routine loan",This paper makes a concrete analysis of the distinction between fraud,extortion and false litigation crime and corresponding civil violations in "routine loan",so as to determine the civil and criminal boundaries of different modes of "routine loan".