Research On Troubleshooting Of Trap Loan Judicial Identification

This article first studies the basic principles of "trap loans".By analyzing its origin and characteristics,it can be found that "trap loans" are easily confused with private loans.In order to distinguish the crime of "trap loan" in many private lending disputes,it is necessary to accurately grasp the essence of the difference between it and private lending——the false private lending relationship and illegal possession of the purpose elements.In the conviction research,it is found that "trap loans" are mostly characterized by fraud,and the crime of fraud has been suspected of "trap loans" pocket crimes.In this regard,the author proposes a narrowing path for the crime of fraud.One is to narrow down the interpretation of misunderstanding,and subjective theory should be used as the criterion for judging misunderstanding;the other is to narrow down the understanding of the degree of misunderstanding,if the victim knows When the error reaches the level of concrete suspicion,the crime of fraud is prevented from being established in the illegal class.Third,in situations where deception and extortion coexist,it should be clearly distinguished whether the reason for the delivery of the property by the victim is based on misunderstanding or due to unfreedom of will.In the case of both,the cause having a direct effect on the disciplinary action shall prevail.In the study of the form of crime cessation,it is advisable to adopt the unified theory of subject and object as the starting standard for determination.Specifically,in the crime of "trap loan",it is manifested as the behavior of the perpetrator asking the victim to retrieve cash and return the property on the spot.Regarding property losses,the author adopts the concepts of "normative-economic property theory" and "objective material loss",and its calculation is based on the changes in net assets in the balance sheet of the accounting law.Finally,it is necessary to decide whether to deduct the principal based on the differences between individual and overall properties;whether to deduct reasonable interest based on whether the purpose of the loan is realized.The identification of accomplices should follow the theory of criminal class,first discuss the commonality of behaviors at the level of illegality,and distinguish principal offenders from accomplices according to the division of labor classification;secondly,discuss whether the perpetrator should be condemned at the responsibility class.The part of sentencing is divided into principal and ancillary offenders according to the classification of functions.The identification of principal and ancillary offenders needs to be comprehensively considered based on the specific case and the perpetrator’s status,identity,behavior,criminal intent,social harm and personal danger in the joint crime.In the identification of evil forces,it is necessary to correctly grasp "frequently gathered together","certain regions and industries",and "bad social influence".The identification of triad organizations should also include "organization","economy","behavior",and "evil social influence".The four elements of "serious social harm",especially the strict and restrictive interpretation of "illegal control",correctly understand the connotation and extension of the crimes of the underworld,and prevent the identification of artificial elevation.In the study of the form of crimes of "trap loan",the author constructed two models of "AA" and "AB".After analysis,the following conclusions are reached:when both are extortion situations under the “AA” model,the two crimes before and after constitute the crime of extortion and collection of illegal debts respectively,but there is a type of implicated relationship between the purpose and means of the previous and subsequent behaviors to implicate the crime.In terms of punishment,choose one felony punishment;when both of the crimes are robbery under the “AA” model,the two crimes constitute the crime of robbery and the crime of collecting illegal debts respectively.Since the violation of personal legal interests cannot be evaluated,the two crimes should be punished simultaneously..Under the "AB" model,because the previous and subsequent behaviors infringed on different legal interests,they should be regarded as multiple crimes of different kinds,and multiple crimes should be punished together.