Research On The "non-criminalization" Of Usury

In recent years,due to the frequent public opinion incidents caused by usury loans,whether or not to criminalize the usury loan has caused widespread controversy in the academic circles,and gradually formed the two concepts of “incarnation” and “non-criminalization”.Although the current criminal law does not clearly stipulate the usury,in practice,the criminal punishment of usury is often imposed on the crime of "illegal business",which leads to the abuse of punishment to a certain extent.Whether it is reasonable to regulate the usury by criminal means is in line with the issue of China's judicial reform to serve the private economy according to law and to create a relaxed economic environment.This paper studies the "non-criminalization" of usury.The article first analyzes the concept,origin,essence and types of usury,and lays a foundation for demonstrating the "non-criminalization" of usury.Secondly,it analyzes the current criminalization thoughts of "incarnation" and "non-criminalization",and proposes that usury is a minor illegal act.It is more in line with the law of economic development and social reality.At the same time,combined with judicial practice,it analyzes the feasibility and regional problems in the current criminalization regulation of usury loans.That is to say,there is no reasonable judgment standard for the punishment of usury with the crime of "illegal business operation",and it is easy to produce different cases of different cases.The border between the usury and illegal business,high-profit loans and their derivative crimes was determined to prove that the use of criminal means to regulate the usury can easily lead to the imbalance of crimes,further confirming the rationality of the "non-criminalization" of usury.Finally,combined with the investigation of the usury regulation system in extraterritorial countries,it puts forward reasonable suggestions on the system construction of “non-criminalization” of usury: at the ideological level,we must strengthen the “non-criminalization” of the rule of law education propaganda work to implement the judicial reform process to serve the private economy.To prevent the evolution of economic behavior into a criminal behavior,to guide the public to correctly examine the social role of usury;at the institutional level,to improve the pre-emptive system construction of the usury problem,to formulate a unified and standardized policy at the civil,administrative,and criminal law levels.The illegality of usury is contained in the cage of the predecessor system,preventing the economic behavior of usury from evolving into a criminal act after two violations;at the level of prevention mechanism,through the improvement of the financial system,delineating dynamic standards and risk assessment mechanisms,we will establish measures such as the credit list system for usury loans to build a preventive and coordinating mechanism with economic and legal intercommunication.Hopes to guide the benign development of usury in society through the improvement of the "non-criminalization" system of usury.