Research On The Judicial Identification And Improvement Of "routine Loan" Crime

In the face of diversified investment and increasing borrowing demand in society,in recent years,China has gradually developed some criminal behaviors that appear to be private lending but actually aim to embezzle the property of others,namely "loan arbitrage" crimes.Although the national and local judicial authorities have issued relevant judicial interpretation to guide and regulate,the complexity and variety of "routine loan" crime means has led to inconsistent identification standards in terms of its charges,number of crimes,amount of crimes,etc.in practice.Therefore,for the need to combat crime accurately,the research and analysis of judicial identification problems involved in such crimes can provide a solution for judicial practice.The paper is divided into four chapters.The first chapter is the basic issues of "arbitrage loan" crime,mainly introducing the characteristics of"arbitrage loan" crime,the behavioral patterns of the debt establishment and demand stages,and the differences between it and usury,laying a theoretical foundation for the subsequent research on the current status and problems of "arbitrage loan" crime.Chapter 2 is the current situation of judicial determination of the crime of "arbitrage loan".This section mainly conducts empirical analysis on 176 judgments to summarize the current situation of judicial practice in determining the crime of "arbitrage loan".It also sorts out and summarizes the judgments from the aspects of temporal and spatial distribution,charges,number of crimes,and joint crime determination,and concludes that the current number of "arbitrage loan" crimes in China is increasing year by year,with uneven geographical distribution and diverse charges determination The conclusion that crimes involving black and evil continue to grow provides data support for analyzing the issue of judicial determination through empirical research.The third chapter is about the issue of "arbitrage loan" crime in judicial determination.Through the organization and analysis of the data contained in the judgment,it was found that there are problems in practice,such as arbitrary behavior characterization,lack of identification standards for the number of crimes,disputes over the determination of the amount of crimes,and vague identification of joint crimes.Chapter 4 is a measure to improve the judicial recognition of "arbitrage loan" crimes,mainly proposing specific suggestions for the problems discovered in the previous chapter:accurately defining the criminal behavior and actually examining the illegal possession purpose of the offender;Unified standards for determining the number of crimes;Accurately define the amount of crime,clarify the calculation method for principal,interest,and attempted amounts;Clearly distinguish between the principal and accomplices in joint crimes,and distinguish between general joint crimes and crimes committed by black and evil forces,in order to better regulate the crime of"arbitrage loans" under the premise of implementing the principle of matching criminal responsibility and punishment.