Research On Judicial Identification Of "Routine Loan" Crime

"Taoludai",as a recent term in the criminal law field,started in 2013.Then it grew up like bamboo shoots,and continued to endanger the people's property interests,personal rights,and economic and social market order.As a "policy" term,or a criminal phenomenon,the main problems with the crime of "Taoludai" are: unclear concept identification,numerous crimes involved,which make it impossible to effectively determine the number of crimes against it,the crime of "Taoludai",and The judiciary is unclear about loan sharking.Accurately sorting out the above-mentioned problems is conducive to a clear understanding of the crime of "Taoludai" in judicial practice and correcting the source.Regarding the concept of "Taoludai" crime,it should be insisted that the "Taoludai" crime is the essence of a policy term.In recent years,the criminal concept of "Taoludai" has evolved from network definitions to relevant judicial interpretations issued by the central government,and from academic disputes to judicial practice.The criminal concept of "Taoludai" has its own point of view.Concentrated expression in three forms of generalized concept,removed concept and detailed concept,combined with judicial interpretation and critical sorting of the three types of viewpoints,helps to clarify the concept of the crime "Taoludai".At the same time,it should sort out its characteristics to ensure that the judicial organs have a closer understanding of the crime of "Taoludai".As a criminal aggregate with rich links in the criminal path,clarifying the behavioral steps of its criminal activities can provide assistance to the mastery of the whole process of the crime of "Taoludai".The crime of "Taoludai" involves a wide variety of crimes and the number of infringements on legal interests.The types should be sorted out,and the peaceful type of the crime of "Taoludai",violent type of the crime of "Taoludai",and mixed types should be sorted out from the perspective of the crimes involved.There are three types of the crime of "Taoludai".The key crimes involved are filled into three types.In the peaceful type of the crime of "Taoludai",they mainly include the crime of fraud,false litigation,and the crime of illegally obtaining computer information system data;in the violent type of the crime of "Taoludai",mainly Including extortion,robbery,intentional injury,illegal detention,and kidnapping;among the hybrid the crime of "Taoludai",it mainly includes theft,infringement of citizens' personal information,organization,leadership,and participation in a criminal organization.In turn,it helps the judicial organs to free themselves from the criminal law with numerous crimes,and better organize and clarify the crimes involved in the crime of "Taoludai".The form of the number of crimes of the crime of "Taoludai" is difficult to determine by the judicial organs.It can be roughly divided into two methods: the combined punishment of several crimes and the punishment of one felony.On the one hand,the determination of the number of crimes of "Taoludai" is relatively easy to grasp,and the crimes of violations of legal interests and the implementation of digital behaviors consider multiple crimes and punishments;on the other hand,the theory of alternative felony is concentrated in the crime of "Taoludai".In the discussion of crimes,imaginary joint offenders,and aggravated offenses,through the analysis of the three types of cases,sorting out the identification of the number of key crimes involved in the "Taoludai" crime will help avoid repeated evaluation.As a "gray behavior" in the context of civil law,loan sharking and the crime of "Taoludai" have been entangled since the latter was born.The most striking difference between the two is that the former is a profit-making behavior regulated by the civil law,while the latter is a crime of infringement of property regulated by the criminal law field with subjective purpose of illegal possession.The difference between the two is mainly reflected in the concept and characteristics.By grasping the elements of the crime of "Taoludai",the judicial boundary between the two can be clarified,so as to ensure that the crime of "Taoludai" is accurately cracked and private lending is protected.Orderly market-oriented development.