Exploration On The Criminalization Of Usury

With the development of our economy,private lending market has become increasingly active,behind its active spawns a lot of questions,the phenomenon of high lending rampant is one important aspect.In recent years,the number of private lending cases in China has been rising steadily.In general,high lending because of their excessively high interest rates,borrowing short term and fund use illegal,with the means to realize creditor's rights,lending form characteristics of concealment and pattern diversity,the law regulation,which seriously disturbed the order of financial market in China,brought great harm to our country's financial security.As a result of its convenience,high interest lending has a long history and cultural foundation in our country,which can be traced back to the western zhou dynasty.And since the reform and opening in China,as a result of the financial market financing channel not smooth,unclear and related legal regulation of the legal definition of chaos,which makes the usury lending more common phenomenon in our country folk lending.In high lending under the current situation of the increasingly active,as to the crime of illegal business regulation in interest lending the emergence of the judicial practice,the usury lending behavior crime problem has become the focus of the attention from all walks of life.High lending in the current criminal law is not set special crime,only after taking a bank loan with high interest rates lend behavior constitute the high rolling of sin in their own funds to lend usury shall be investigated for criminal responsibility if no rules.The present folk usury to lend more and more active,judicial practice department in high lending to crime of illegal business justice into the situation,it caught the attention in academic and practical departments,and further investigate whether the criminal law to add interest to lend.This paper argues that the practice of criminal processing of high-yield loans has its basis.,based on the mainstream values in the ruling class and the social public cultural psychology in interest lending has been a negative value concept,it has been belong to the category of the concept of "crime",has the reality basis of public opinion.At the same time,the lending behavior of high interest is also very real harm.First of all,high lending would destroy our country financial trading order,but also affect the specification of the main body in the financial,and get in the way of state for macroeconomic regulation,which makes it seriously affected the normal development of financial market in China and the effective use;Secondly,the high interest lending behavior is a serious threat to our country's social order because its characteristics are easy to breed.Finally,Gregory lending essence is the use of the borrower,the urgent demand for funds,thus borrowing contract conclude the lack of fair,is a violation of the legal property of the borrower.It also has its legal basis to criminalize the behavior of high-interest lending.At present our country to lend usury behavior regulation under the state council,which is based on "the illegal financial institutions and to clamp down on illegal finance business way" the provisions of article 22 for a illegal financial activities such as high lending can impose a "fine" and "confiscate the illegal income" administrative penalties,but in practice,the existing administrative regulation is not enough,difficult to lend against usury behavior.In administrative penalty is difficult to achieve the effect,for the more serious the usury lending shall be investigated for criminal responsibility,this is for highly lending due logic relation between administrative penalties and criminal penalties,and will lend usury behavior punishment and application efficiency.In the legislative practice of all countries and regions,many countries regulate the behavior of high-interest lending at the criminal law level.Will be treated as high lending behavior crime has its rationality and necessity,but in a crime to handle search mode,the theoretical circle and differences.Have some scholars point of view to be the crime of illegal business regulation in interest lending,but high lending behavior and regulation by the crime of illegal business behavior,no matter from the Angle of the violations of the law benefit or behavior scope,there is big discrepancy,unfavorable to the crime of illegal business regulation in interest lending behavior,therefore,this paper argues that should add interest to lend.So-called lend usury regulation behavior is behavior person to profit by the crime,for the purpose of to is higher than that of private lending interest rate cap,most people of no specific occupational or business loan,if the circumstances are serious behavior.After adding high lending sin,doesn't mean we only for such behavior can effective name by criminal means,we should also focus on the folk lending legal regulation system of construction,from the multiple dimensions of civil law,administrative law and criminal law,make our country folk lending market to give full play to its role in the stable.