Research On The Criminalization Of "routine Loan" Behavior

With deepening of financial innovation and financial industry competition intensifies,"cheating loans " criminals in the name of financial innovation,new technique,woven series of trap confusion,deception and lies the victim,even by the judicial organs to fool can not only lead to its sometimes escape even to become "routine is borrowed" out of "accomplice",causing very bad influence and great social harm."Ritualized loan" wrapped in the appearance of "legal" civil and commercial behavior,in the subjective purpose of illegal possession,in the objective use of fraud,intimidation,the threat of violence and other means,is the violation of social financial order,including the victim's property and personal safety and many other legal interests of a series of illegal and criminal acts collectively.Because its behavior is highly concealed,the extension of the interest chain and the high complexity of the means model,the judicial organs in judicial practice face many challenges to regulate it correctly according to the criminal law.First,"routine lending" is difficult to distinguish from ordinary folk lending including usury.Secondly,criminal gangs take a professional route and artificially produce multiple evidences to prove the "legality" of their actions,which makes it particularly difficult to collect evidences to prove criminal acts.In addition,the theoretical circle and the practical circle have not reached an agreement on how to apply the corresponding charges and the number of crimes,the forms of crime completion and joint crime to different types of "routine loan" criminal activities.Finally,it is of great practical value and significance how to accurately grasp and scientifically judge "cheating loans" and comprehensively apply criminal laws and other means to regulate them so as to prevent their multiple behaviors and their gradual spread from economically developed areas to less developed areas.