Reflections On The Crime Of Producing High Profits And Loans In The Criminal Law

In China, the folk lending has become one of the most important financing channels among private individuals and enterprises in our country because it timely and effectively meet small and medium-sized enterprises’demand of capital, make up for the deficiency of the formal financial lending market, maintain the balance between supply and demand of capital market.However, usury of folk lending, which with high interests, made more and more people crime frequently, such as illegal invasion of residential, illegal detention, kidnapping, murder and so on. It’s not only disrupt the financial order in our country, has a harmful effect on the market economy, but also poses a serious threat to people’s life and property safety. Among them, professional usury is the worst. Professional usury bring high-interest loans to industrialization, black and evil. It has become a social cancer.Therefore, it’s rational in theory and legal in legislation to add the professional usury sin in the Criminal Law to adjust professional usury behavior. Add professional usury sin is not the negation of folk lending, but only to crack down on illegal loan sharks in the folk lending. It target to crimes which cause serious damage to the society. It is the necessary restriction in protecting the property rights of market main body and the rights of financing freedom. At the same time, punishing professional usury crimes in the height of Criminal Law is also a further perfect of our country’s usury regulation system. It’s a continuous development and progress of our country’s legal system.