Dilemmas And Breakthroughs In Judicial Application Of "routine Loans" In Criminal Cases

Economic Development has often prompted the emergence of many new behavior patterns.As a phenomenon of dissimilation in the development of non-governmental loan relationships,“Routine loan”has gradually evolved into illegal or even criminal behavior,in recent years,there has been a trend of collectivization and diversification.The crime of “Taolu loan”has the characteristics of diversity of means of action,concealment of means of action and intersection of nature of action,which not only infringes people's personal and property rights,but also seriously damages social public order.Therefore,it is of great significance to punish the crime of “Routine loan”accurately for serving the overall situation of economic development and protecting citizens' personal and property rights and interests.Although the state has issued a series of guiding opinions to regulate the crime of “Routine loan”,which provides a system guide for accurately cracking down on the crime of routine loan,there are still difficulties and obstacles in the judicial application.Because of the complexity of the pattern of “Taolu loan”and the gradual specialization of the criminal gang,it is difficult to find the clues and fix the relevant evidence in practice Because of the concealment of the way of “Taolu Loan”behavior and the bewilderment of the appearance of loan and fraud,it is difficult to determine the nature of the behavior,and because of the particularity of the criminal nature of “Taolu Loan”,as a general term for typified crimes,acts at different stages often commit multiple crimes,which leads to greater difficulty in determining the number of crimes committed;due to its obvious group characteristics,in practice,many people participate in and cooperate with each other to complete the crime of “Routine loan”,which leads to a certain difficulty in identifying the joint crime.This paper makes a deep analysis of the four major difficulties in the investigation,prosecution and trial of the “Taolu Loan”crime,namely,the difficulty in finding clues,the difficulty in determining the nature of the act,the difficulty in determining the number of crimes and the difficulty in identifying the accomplices,from the two angles of theory perfection and practice exploration,the classification breakthrough can provide the train of thought for solving the difficult problems of practice application.