"Routine Loan" Crime And Regulation Research

The crime of "routine loan" is a new type of crime model derived from private lending.In the criminal case of "routine loans",the perpetrators mainly designed "routines" to construct false appearances of private loans and deliberately create loan traps to further achieve the purpose of illegal possession of the borrower's property.In addition to directly infringing on citizens 'property rights,“routine loan”crimes may also use varying degrees of violence or false litigation to claim debts,which can damage citizens ' personal rights,endanger public security,disrupt financial management order,and even challenge judicial authority.,Severely obstruct judicial justice and have greater social harm.However,because criminals engaged in "routine loans" activities to evade legal sanctions will deliberately create false civil appearances,and the methods used are becoming more and more covert,making "routine loans" Crime is complicated and confusing.Facing the various growth trends of "routine loan" crimes in recent years,the criminal law is used to regulate "routine loan" crimes.This article first analyzes the concept and essence of "routine loan" and clarifies the difference between it and usury.Then,by studying the case of China Judgment Network,conduct data processing,and summarize the characteristics of the criminal case of "routine loan".Sorting out the current judicial interpretations and related normative documents governing the crime of "routine loans",combined with relevant cases in judicial practice,summarized that the judicial determination of "routine loans" crimes mainly involves different judgments in criminal and civil cases,and the simple definition is fraud Issues such as different convictions for crimes and similar cases,and lack of uniform standards for determining the number of crimes.Through the qualitative analysis of the behaviors at the stage of "creation of creditor's rights and the stage of illegal debt collection" of the crime of "routine loans" and the determination of the number of crimes,the following three aspects are finally started to improve the regulation of "routine loans" : First,improve the criminals of the "routine loans" case Convergence mechanism to effectively crack down on "routine loan" activities;the second aspect strictly grasps the "misunderstanding" elements in the crime of fraud and accurately characterizes the "routine loan" criminal cases;the third aspect adheres to the principle of comprehensive evaluation and unifies crimes on the basis of categorization Number of identification standards.