Research On The Criminal Law Regulation Of "routine Loan" Crime

The Opinions on Several Issues Concerning the Handling of Criminal Cases of"Trick Loan" issued by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice in February 2019 is an important basis for judicial organs to identify such behavior.In the field of criminal law theory,this concept has been questioned by some criminal scholars due to the weak correlation with crime constitution,while in the field of judicial practice,many courts have taken whether the characteristics conform to the provisions as the basis to identify related crimes.The conceptualization of this behavior is beneficial to play the function of reference and division,but whether it constitutes a crime or not should still be judged based on the crime constitution."Trick loan" is a kind of criminal behavior from the perspective of criminal law.the purpose is illegal possess other's property by making and wanton determination of default and other ways to increase the credit and debt,fraud or claim debt in both soft and hard means is the common method,while the essence is "to cover up the illegal purpose of fraud and plunder in the legal form of civil loan".This paper finds that there are three main problems in the legal application on the crime of "Trick loan" through sorting and analyzing the judicial documents:the insufficient standardization of conviction,the vague standards for the determination of the crimes,and the simplification of the determination on the amount of crimes.By contrast,the insufficient standardization of conviction refers to the failure of comprehensive evaluation of all behaviors by breaking away from the crime constitution and simply identifying the crime with the characteristics.The fuzzy standard for the determination of the crimes refers to the fuzzy determination of the relationship between the number of acts and the crime.The simplification of the determination on the amount of crimes mainly means that the principal is deducted from the amount of a crime,which is in contradiction with the distinction between legal and illegal interest.In order to solve the above problems,first of all,it is necessary to accurately understand the relationship between "Trick loan" and specific crimes,then strictly abide by the constitution of crimes.Secondly,in the treatment of the crimes,on the one hand,the whole process should be divided into two levels:"fraud" and "debt collection".Meanwhile the process of "debt collection" is divided into two kinds:"violent" and "non-violent".The whole judgment is made by focusing on the subsequent illegal collection behavior and considering the behavior before fraud.On the other hand,the government should focus on overlap and confluence between the specific charges,then take the number of acts and the amount of infringing legal interests as the judgment standard to realize the principle of exhaustive judgment and the principle of prohibiting repeated evaluation.In the determination of the amount of crime,the principal delivered to the victim can be regarded as the crime cost of luring the victim into the trap.According to the different judgment standards of property loss,property crime is divided into individual property crime and whole property crime,while robbery crime belongs to the former,swindling crime and extortion crime belong to the latter.If the deduction of crime cost is included in the above classification,the principal should be included in the crime amount when the act of"Trick loan" constitutes robbery.When the crime of swindling and extortion is constituted,the principal should be deducted from the amount of the crime.