Research On Private Lending In Crime

Private lending happens between the borrower and the non-financial body.As animportant supplement to the national finance and credit market,private lendingalleviates the financing difficulty of small and medium-sized enterprises to a certainextent. However, the feature of spontaneity,autonomy,profit and non-normative makesthe potential risk not easy to control,and cause the conflict and crime.In recentyears,the growth rate of this kind of case in our country is growth highly year afteryear.In judicial practice,the distinction between private lending and illegalfund-raising crime generally face applicaton of law of how to maintain the purpose ofdetinue,means of fraud,scope of the public,the sentencing to handle the amount andthe death. Aiming at the above problems,the study combines with the outstandingproblems in judicial practice to analysis the related problems and difficulties.Thestudy is divided into three parts.In the first chapter, the author summarizes problems of crime in private lending.This part analyzes the concept of private lending, the present situation and thereasons,and then discuss the related concepts emphatically. Through analyse thereasons of existence of private lending, affirming its positive role. Secondly, analyzesthe legal nature of the current legislation of private lending. It is divided intolegitimate, non-protectionly and illegitimate three types. And then sorts out therelationship between the crime and the non-crime.Finally, discusses the form of thecriminal of private lending, comparative analyse the “crime of illegal absorbing publicdeposits”,“crime of fraudulent fund raising”and legitimate privateborrowing.Thereout further clarify the relationship and difference between legalbehavior and crime in the private lending.In the second chapter,the author mainly discusses the cognizance of the privatelengding crime in our country.Firstly,describes the basis for the private lendingcrime,Through discussing concept,principle,specific basis,factor of cognizance tosolve how to correctly identify and lay the foundation for crime in the judicialpractice.And then,discuss the crime cognizance through combining with the judicialpractice on the problems existing.Elaborates specificallty cognizance of "the purposeof illegal possession","fraud" and "public" to solve the relevant problems aboutprivate lenging.The third part of this study mainly discusses the problem of sentencing crimeabout private lending in our country.This paper discusses the crime sentencing basis.Through theoretical analysis to know the basis for the sentencing about privatelending in our country and then paves the way for the following issues aboutsentencing in practice. The author expound two problems—amount and the deathpenalty,which is typically in private lend sentencing，to provides a way to handle thiskind of problem in practice.