Research On The Criminal Law Regulation Of "routine Loan

This new criminal act not only infringes on people’s property rights and interests,but also may bring harm to the personal safety of others,disrupting the social and even judicial order,which is very harmful and has brought a relatively bad impact on all aspects of social life.The "fraudulent loan" will disguise itself as a form of private lending,resulting in borrowers to relax their vigilance,step by step into the trap carefully designed by the wrongdoers,property suffered huge losses,and even broken families.In order to combat this type of crime and avoid its intensification,Shanghai and Zhejiang have issued local guidelines for similar cases;the two high ministries have also jointly issued relevant guiding opinions,combined with the existing criminal law system This article will discuss the basic needs of investigating and handling " fraudulent loan " cases,but because of its concealment and confusion,the investigation,identification and subsequent conviction are controversial.In this paper,we will analyze and summarize the concept of " fraudulent loan ",sort out its harmfulness and related legal issues,and clarify the boundaries of difficult issues and controversies,so that we can better regulate this kind of criminal behavior.This paper will mainly elaborate from the following four parts,as follows.The first part mainly starts from the basic theory,and gives an overview of the "fraudulent loan ",including the origin of the " fraudulent loan " and the alienation in the process of evolution,and sorts out the definition of its concept by different scholars,and summarizes its behavioral characteristics by reading and analyzing cases and using charts.Finally,we summarize the types of crimes of " fraudulent loan ".In the second part,the necessity of the criminal law of " fraudulent loan " is elaborated,and the main suspected crimes are analyzed,including fraud,extortion,illegal detention,and provocation.At the same time,we discuss the need of social development,including the accurate demarcation of " fraudulent loan ",the insistence on "breaking the people with punishment" and the requirements of criminal policy.The third part discusses the necessity of criminal law regulation of " fraudulent loan ".In the third part,the existing problems of criminal law regulation of " fraudulent loan " are discussed from both legislative and judicial aspects.In this part,we discuss the difficulties encountered in the criminal law regime of "lending" on the basis of the clarification of the criminal attributes of " fraudulent loan ",and the fact that there is more room for choosing the number of crimes in the criminal law legislation,and the way to determine the amount of crime is not entirely reasonable.In this section,we will discuss the difficulties encountered in the criminal justice system.In terms of criminal justice,we analyze the current situation of the criminal justice cases of "fraudulent loan " based on the case data collected from the previous judicial trials,and on this basis,we elaborate on the confusion of the judicial determination of the crime of " fraudulent loan ",mainly including The "misconception" factor of " fraudulent loan " in the crime of fraud is not uniformly defined,and there are controversies in judicial practice;the criminal and civil crossover part of the treatment is ambiguous,etc.The fourth part of the report proposes solutions to the aforementioned problems.Firstly,it is suggested to improve the criminal law legislation of " fraudulent loan ",which should strictly adhere to the principle of statutory crime and punishment on the basis of the concept of " fraudulent loan ",refine the standard of differentiation of crimes,improve the way of stipulating the amount of crime,and separate the coined charges from the legitimate interest.The second is the solution to the confusion of judicial determination,the identification of the " fraudulent loan " suspected of fraudulent crime to strictly analyze the "misconception" factor,based on the perspective of both the perpetrator and the victim to see the problem,and improve the interface between criminal and civil mechanisms.