Research On The Difficult Problems Of Judicial Determination Of The Crime Of "Trap Loan"

In recent years,"routine loan" as a new type of crime,in the name of private lending,has the purpose of illegally occupying other people’s property.This behavior has seriously affected judicial justice,is extremely harmful to society,and disrupts the normal order of society.It has become a society.Hot issues of concern.The "routine loan" illegally embezzles the legal property of others by inflating the loan amount,creating false evidence of payment,maliciously creating the determination of breach of contract,false settlement of high amounts,and harassing and violent claiming of property.Therefore,it is based on the theory of criminal law.The supporting point is to sort out and analyze the difficult problems of judicial determination in the practice of "routine loan" on this basis,to sort out the concept and connotation of the criminal behavior of "routine loan" in detail,and to determine the criminal penalty standard for joint crimes in "routine loan".Regarding the distinction between one crime and multiple crimes in "routine loans",and how to make accurate judgments on the crimes involved in "routine loans" in judicial practice.Research the difficult issues in the judicial determination of "routine loans" and possible controversial issues in practice,reveal and briefly explain the difficulties that "routine loans" may encounter in judicial practice,and study the difficult issues of "routine loans" It helps to find the deficiencies in the current relevant laws and regulations,and has important practical significance for cracking down on "routine loans".This article is to sort out the concept of "routine loan",mainly to classify and explain the several behaviors of its implementation of "routine",and discuss the common crime patterns in such cases,through the purpose、 method of behavior.and legal consequences.To divide the criminal and non-criminal boundaries between "routine loan" and usury.The first part is the analysis of the crimes involved in actual judicial cases of "routine loan" behavior.Combining existing relevant materials and judgment documents,use specific examples to illustrate the judgment standards for fraud,illegal business,robbery,and kidnapping.Subsequently,it focus on the determination of the joint crime in the "routine loan" behavior.According to the relevant provisions of the criminal law,the actual analysis of the determination standard of the joint crime in the behavior is carried out.Based on this,combined with subjective and objective facts,a comprehensive determination of the nature of the principal and accomplices and criminal organizations is carried out.Finally,the point is the determination of the number of crimes of the “routine loan” behavior.In judicial practice,the behavior is divided into two stages: “fraud” and “debt collection”,and the number of crimes is determined based on the purpose of the behavior.Sentences are based on the legal interests violated by his actions.