Study On The Identification Of The Number Of Crimes In Criminal Cases Of Routine Loan And The Rules Of Judgment

In recent years,the number of criminal cases of routine loan has increased dramatically,involving a wide range,and the direct or indirect harm to the society is obvious.At present,all parts of the country are faced with the problem of how to regulate the criminal cases of routine loan,especially the need for clear rules for the determination and determination of the number of crimes in such cases.Although some areas have made special guidelines for routine loan criminal cases,which have played a great guiding role in typical routine loan criminal cases that only meet the constitutive requirements of fraud,other regulations have not been effectively implemented or it is difficult to effectively guide the judicial organs to handle such cases,and the overall effect is not good.In order to understand how to determine the number of crimes and the rules of adjudication in criminal cases of "routine loan" in the current practical circles,especially in areas where relevant guidelines and norms have been established,249 criminal cases of "routine loan" which have been tried by courts in Anhui,Shanghai,Zhejiang,Chongqing and Jiangsu provinces and published on the Chinese judgment documents in recent three years are analyzed from the perspectives of control,defense and trial.After combing,it is not difficult to find that there is no relatively uniform standard for the determination of the number of crimes and the rules of adjudication in such cases,which makes different places treat similar cases differently,and even "different judgments in the same case".Obviously,this is suspected of violating fairness and justice.In addition,the number of such cases is huge and there are many victims,so it is urgent to regulate them scientifically.In order to make suggestions for this problem,there are many high-quality literatures in the academic circles,which have formed a heated discussion situation,and have also made great contributions to the identification of the number of crimes in criminal cases of routine loan.Many scholars express their opinions based on the behaviors carried out by the perpetrators of routine loan crimes,and generally think that one act is a crime,while there are controversies about the number of crimes of multiple acts and how to deal with them.Crime is a kind of behavior that infringes on social legal interests and has social risks.Therefore,we should start from the angle of whether the behavior infringes on protection interests.If the behavior does not infringe on protection interests at all,it should not be punished by laws and regulations.If the behavior infringes on protection interests of criminal law,we should comprehensively consider the degree of violence of the behavior carried out by the perpetrator,and finally determine what punishment should be imposed on the perpetrators of routine loan crimes,so as to balance the legitimate rights and interests of many parties and improve the level of social rule of law.