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Criminal Law Analysis Of "Routine Loans"

Posted on:2021-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:X N JinFull Text:PDF
GTID:2516306023476944Subject:Law
Abstract/Summary:PDF Full Text Request
In recent.years,the term "Taolu loan" has gradually come into people's vision,and there is a growing trend in today' s society."Taolu loan" is used to induce or force victims to sign relevant agreements such as "loan" or disguised "loan","mortgage"and "guarantee" in the name of illegal possession and under the guise of borrowing from the people,by falsely increasing the amount of borrowed money,maliciously creating a default,arbitrarily determining the default,destroying the evidence of repayment,and so on,the false creditor's rights and debts are formed,and by means of Litigation,arbitration,notarization or the use of violence,threats and other means of illegal possession of the victims of property related to criminal activities in general terms.As a general term for criminal acts committed in the name of borrowing and lending,Taolu lending is more illegal and covert than ordinary folk lending or usury,with more serious consequences,not only for the social financial order,social order has caused a bad impact,but also affects everyone,every family,the light loss of money,the heavy threat to life.Therefore,it is necessary to carry out a more in-depth discussion on the behavior under the general term of this set of loans,which has not been clearly defined and implemented in all aspects of the criminal law field.In this paper,we will analyze all aspects of "routine loan" in the sense of criminal law,and define the concept of "routine loan",and its harm,this paper focuses on the analysis of various charges involved in the Criminal Law of "Taolu Loan" and its practical controversial issues,such as joint crime and sentencing,so as to deeply understand the significance of the criminal law of "Taolu Loan",so that.we can accurately apply the law when we meet the "routine loan" cases in practice,and solve the "routine loan"cases better.In the theoretical circle and judicial practice of our country,there are several disputes about the qualitative problem of the routine loan behavior,mainly the qualitative problem of the routine loan behavior,what kind of behaviorshould constitute what crime,one crime or several crimes,the cognizance of its joint crime and the legal status of the participants in the joint crime,the cognizance of attempted crime and the application of Criminal Law.If we want to solve the qualitative pr oblem of routine loan behavior,we must analyze the behavior of routine loan.First of all,the second.chapter of this paper will car ry on the comprehensive analysis to the concept of the routine loan,its.difference with other behavior,the charact.erist.ic,the classification of the routine loan,the harm of the routine loan.Secondly,the thi rd chapter will pass a case,through the combination of social pr actice to analyze the disputes that may exist in the practice of routine loan cases,and list them one by one.The Fourth Chapter is the core chapter of this article,will combine the case of this article,this paper provides a clear method and train of thought for the settlement of the dispute,probes into the connection and difference between the concrete charges,and puts forward a more unified conviction train of thought,and has a comprehensive grasp of this crime and the other crime.The fifth chapter will carry on the simple elaboration and the discussion to the routine loan other aspect.The development and spread of the crime of "Taolu loan" not only directly infringes upon the legal property rights of the victims,but also easily induces other crimes by means of demanding money such as violence,threat and false lawsuit.In-depth study of the criminal law regulation of "Taolu Loan",in-depth understanding of the criminal law significance of "Taolu loan",so as to better solve the "Taolu loan" case,accurately identify and severely punish the "Taolu loan" criminals according to law,so as to better prevent "routine loan",improve the social atmosphere,promote the construction of socialist society ruled by law,and build a beautiful and harmonious environment ruled by law.
Keywords/Search Tags:Routine Loan, Qualitative Analysis, Crime of fraud, Crime of extortion, several crimes
PDF Full Text Request
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