On The Limitation Of Loan Crimes In China’s Criminal Law

Private enterprises are an important force driving my country’s economic growth,and monetary funds are the lifeblood of the operation and development of private enterprises.However,under the background of financial repression and ownership discrimination,the current financial system cannot provide suitable financial services for private enterprises.It is difficult for enterprises to obtain financing from traditional financial institutions such as banks.Based on the above facts,private enterprises often take some informal means to obtain loans.Criminal legislation and judicial practice should fully consider the important role of private enterprises in the national economy and the people’s livelihood and their weak position in financial support,and adhere to the spirit of modesty in criminal law when regulating the relevant economic behavior of private enterprises.However,the reality is that some outdated provisions in the criminal law pose a fatal threat to them,and many private enterprises are actually suffocated by the unreasonable provisions of the criminal law.As far as the current criminal law is concerned,there is a relatively serious expansion of loan-related crimes,which is not in line with the current situation of my country’s social and economic development.Therefore,it is necessary to examine its legislative and judicial rationality from the point of view of the crime itself,and to make The reasonable path of restricting loan crime in my country is explored.From the legislative evolution of loan crimes,it is more scheduled for the planned economy or the planned economy.It provides legal guarantees to consolidate monopoly status.However,my country has already turned from the planned economy to the market economy.Although there is no complete transformation,the market economy emphasizes the risk of self-sufficiency,the free transaction is deeply rooted,and the interests of state-owned banks no longer need all,no dead angle protection,The criminal law is also questioned by special protection.The loan as an economic behavior between equal subjects,and whether it also needs to use criminal law for regulation,where the boundaries of regulatory are,it has become a topic that is difficult to avoid.Loan crime is a category of financial criminal law."Squiry until" is the basic logic of financial criminal law,but loan crimes are criminally criminally strikes with criminal methods,violating criminal law and pre-procurement and preceding principle.,Forming a substantially criminal expansion.At the same time,modern criminal law emphasizes the "No Protection of No Protection",and the act of high-profit transfer of ordinary commercial loans is difficult to infringe in the current economic background,and the behavior of defrauding loans may not cause substantial damage to the law.It is necessary to limit loan crimes.The traditional order is generalized to expand the scope of the penalty of loan crimes.It is now unpaid,and the benefit of interest is a new perspective for re-defining the lending crime.Loan crimes are needed to be carried out separately in legislation and justice.On the legislative level,the behavior of the general business loan should be sinned.The protection of the crime should be limited to policy discount loans,and the crime of defrauding loans can introduce the debt disclaimer,and provide "legal recovery" to the actors.When the legislation has not changed,it should be confined on the judicial level in the premise of insisting on the statutory principles of the crime.The specific path includes the "credit fund safety",which is "credit fund safety" from the prevention of the crime of defrauding loans.The truth is given a specific analysis,and there will be no real hazardous behavior to exclude in the criminal circle;substantial contraction is performed on the criteria of "Gao Li" and "financial institutions" in the crime of delithitaries,to reduce the criminal circle,maximize Protect the reasonable freedom of protecting the economy.