Research On Criminal Integrated Governance Of "Routine Loan"

Entering the deep water area of reform in contemporary China,the crime situation is undergoing profound changes,and the means of crime against property is undergoing the transmutation from "hard violence mainly" to "peaceful and soft violence mainly"."Routine Loan" is a typical crime of infringing money mainly by peaceful means and soft violence.Such cases erode people’s sense of security and need to be dealt with by various social forces.It is a scientific concept and feasible way to deal with "routine loan" crime by integrating all kinds of criminal governance means,forming a criminal integration governance with penalty sanction as the center and integrating effective mechanisms such as criminal policy,crime prevention,litigation procedure and penalty execution.Based on the thought of "criminal integration" as the theoretical basis and methodological approach,based on the complete possession of typical case literature as far as possible,starting from The reality of China,this paper adopts empirical research,case study,law doctrine and other research methods to cover all criminal disciplines and pay attention to the operation process of the whole penalty right.In show "routine is borrowed" criminal integration management on the basis of the basic framework,through the study of the basic situation of the current "routine is borrowed" case and review the drawback of "routine is borrowed" criminal governance in our country,shape "routine is borrowed" optimization path of criminal integration management,to provide a higher level of "peace" China construction concrete policy support.The paper is divided into four parts.The first part is the logical starting point of this paper.It mainly involves the concept and implementation steps of "Routine Loan" and the internal mechanism of criminal integration of "Routine Loan".It holds that "Routine Loan" is a general term for a series of acts that the actor takes advantage of private lending,falsely increases the principal of the loan,maliciously recognizes the breach of contract,and realizes the illegal possession of funds by means of violence,threat,disturbance and false lawsuit.The complete "routine loan" process includes the steps of creating the illusion of private lending → creating false bank flow →maliciously creating default → using both soft and hard methods to collect debts.The integrated criminal governance of "Routine Loan" is to realize the optimization of the criminal law structure of "Routine Loan" cases statically and the smoothness of relevant criminal law mechanism dynamically by centering on the penalty sanction of "Routine Loan" cases.To form an ideal state of coordination and mutual cooperation in criminal policy,pre-prevention,conviction and sentencing,execution of penalty and litigation procedure of "routine loan" cases.The second part,the basic situation analysis of the criminal case of "Routine Loan",is the empirical basis of this paper.Based on "routine" loan since 2020 "routine is borrowed" the judgment of criminal case analysis the present situation of the crime,found "routine is borrowed" than the traditional crime and property crime presents different characteristics,on the subject,many routines to borrow the behavior of the crime subject has high school education or above,male to female ratio in the majority with men,in addition,since the violations of the law,Routine credit crime might infringe on three different legal interests,not only infringe a kinds of interests,moreover,the routine criminal cases,which few people alone,the vast majority of routine credit personnel crime groups,some still can form special crime gangs form,what’s more it into company form,but for organized crime,and finally,in discretion of punishment,On the whole,the punishment of routine loan crime is relatively light,but the standard of incrimination is too low.The third part,the practical dilemma of the integrated criminal governance of routine loan,is the problem review part of this paper.The legislative and judicial status of "Routine Loan" is analyzed from the aspects of defendant’s situation,criminal means,guilty charge,joint crime,amount involved and punishment severity.Through the study of the current situation of criminal law legislation and judicature,it is concluded that there are seven deficiencies in the regulation of "routine loan",which are: ambiguous positioning of criminal policy;The judgment of charges is relatively extensive;The determination of criminal form is arbitrary;Penalty discretion is unbalanced;The definition of the assets involved is inaccurate;The practice is forbidden to apply virtual position;Social comprehensive governance lacks synergy.The fourth part,the systematic optimization of the integrated criminal governance of "Routine Loan",is part of the countermeasures and suggestions of this paper,which demonstrates the value of the government.By facing the dilemma of "routine loan" criminal governance,and following the principle and method of criminal integration,this paper puts forward the systematic optimization path of "routine loan" criminal integration governance.Firstly,the criminal policy of "routine loan" should be rationally defined.The criminal policy of such cases should be accurate and flexible on the basis of matching the overall criminal policy of "tempering justice with mercy".Secondly,criminal law charges should be reasonably identified.Judicial organs should take the implementation stage of "routine loan" as the space-time clue and the criminal constitution stipulated by the criminal law as the normative basis to realize the reasonable identification of charges in such cases.Thirdly,we should properly evaluate the form of crime number,and analyze the form of crime number from the aspects of implicating crime,imaginary coincident crime,transformed crime and substantial number crime.Fourthly,the punishment discretion should be balanced,and the social harmfulness of the case should be evaluated comprehensively according to the circumstances of the sentencing.Fifthly,the assets involved in the case should be reasonably defined according to the standard of substantial connection with the case,among which the principal of "routine loan" should not be counted;Sixth,the application of employment prohibition should be activated to prohibit the perpetrator involved in serious "routine loan" cases from engaging in financial insurance and other industries within a certain period of time;Seventh,reforming the social comprehensive governance force,forming a scientific "routine loan" social comprehensive governance system,effectively reducing its incidence rate.