Study On Decriminalization Of The Usury Lending Crime

The rapid development of the global economy has driven the rapid development of china’s market economy.China’s has transitioned from the planned economy stage to the market economy stage,and the industry-oriented role of bank credit funds in the planned economy stage has gradually weakened.The establishment of the crime of usury on-lending has brought restrictions on the reasonable flow of credit funds,which is not conducive to the development of the financial industry.Based on this,the article studies the decriminalization of the crime of usury on-lending.First of all,by reviewing the background of the crime of usury on-lending,it is found that the crime of usury on-lending has a policy guidance and restraint role in china’s planned economy stage,but now the credit fund management system is driven by the reform of the credit market,and credit entities are diversified.development and market-oriented development of the credit system.Then,it investigates the status quo of judicial application of the crime of usury on-lending,and finds that the crime of usury on-lending is difficult to apply,the amount of judicial application does not match the actual stock,and the results of criminal accountability are light,which shows that the crime of usury on-lending is socially compatible.low degree.Secondly,based on the application status of the crime of usury on-lending,combined with the dual sanctions model,the decriminalization of the crime of usury on-lending is analyzed.The research shows that the elements of the crime of high-interest on-lending are not scientific,and its "arbitrary" on-lending behavior is less harmful,and "high-interest" conforms to the development law of interest rate marketization;At the same time,the crime of usury on-lending restricts the development of social economy to a certain extent.Finally,the feasible measures to decriminalize the crime of usury on-lending are proposed from three aspects: laws and regulations,banking system and capital market.In terms of laws and regulations,the decriminalization of the crime of usury on-lending does not mean the legalization of usury on-lending.According to the dual sanction model,civil and administrative means are used to assist,so as to form appropriate regulations and promote scientific delimitation.The scope of criminal punishment for on-lending.In terms of the banking system,it is recommended to improve the bank staff management system and loan management system;in the capital market,it is recommended to implement contractual laws and regulations to regulate the on-lending capital market.