Research On The Criminal Regulation Of Campus "Fraudulent Loan"

In the context of the rapid development of the Internet,a new type of illegal and criminal activity-"fraudulent loan" aimed at student groups and invaded campuses,causing chaos in "campus loans" and triggering many vicious incidents.Following Shanghai’s earliest release of relevant work opinions on handling criminal cases of "fraudulent loan",other provinces and cities have paid more attention and have successively issued a series of normative documents.Due to insufficient criminal laws and regulations for campus "fraudulent loan" and the changeable operation mode of campus online loan platforms in subsequent development,its legal nature is ambiguous and accountability is difficult.Cases involving campus "fraudulent loan" have many obstacles to the determination of criminals.The conviction of such crimes is even more controversial.Therefore,it is necessary to discuss the problems that exist in the crackdown on campus "fraudulent loan".Campus "fraudulent loan" is a new type of illegal crime in which "campus loan" is penetrated by "fraudulent loan".activity.On the premise of satisfying the general characteristics of "fraudulent loan",campus "fraudulent loan" also have unique campus attributes,presenting characteristics and behaviors that are different from ordinary "fraudulent loans".Domestic research on campus "fraudulent loans" mainly focuses on the two fields of sociology and law.From the perspective of criminal law,this article studies the controversial issues in the nature of the criminal subject and the determination of responsibility,the criminal character of the case,and the choice and application of the crime from the perspective of criminal law.Through data analysis of campus-related "fraudulent loans" cases across the country from 2018 to 2020,it is found that the number of such cases accepted in the criminal field is increasing year by year.Most of the cases involve fraud crimes.The incidents are regional in nature,and the perpetrators are younger and younger.Highly educated characteristics.This article analyzes the reasons for the difficulty of cracking down on campus "fraudulent loans" from three levels: the lack of external supervision of lending platforms,and the increased awareness of criminals against investigation;the victimized students are affected by the concept of advanced consumption and blindly lack the corresponding knowledge of financial laws.Borrowing;the market and the government’s control of "campus loans" is out of balance,and there are gaps in legal regulations.Some suggestions for perfecting the criminal regulations of campus "fraudulent loans" are put forward.Campus online lending platforms that do not directly or indirectly participate in lending activities should be qualitatively an intermediary service,and should not be the subject of criminal liability for illegal lending when they perform their duties of information review.The qualitative review of criminals and citizens of a case pays attention to conducting prior substantive review from multiple angles.The conviction of fraud should not be disturbed by the appearance of "fraudulent loans",and the form of contract signing and performance by the parties is not the main consideration for distinguishing the crime of contract fraud from the crime of ordinary fraud.Whether the fraud itself constitutes the constitutive element of the crime of fraud is Judgment principle.For anti-routine lending behavior,the subjective motives of students do not affect the establishment of criminal charges,but only affect the determination of the form of fraud crimes by lenders.Where the behavior meets the constitutive requirements of a crime,the positive effect of the crime of illegal business operations should be faced squarely.In addition,preventing and cracking down on campus "fraudulent loans" are inseparable from social governance.Through strict market access of campus online loan platforms,strengthen the examination of the identity information of student loan subjects,establish a healthy and orderly overdue repayment processing mechanism,and purify the "campus loan" industry,so as to better serve students with borrowing needs Provide services.