The Evidence Of Usury And Its Path

In recent years,with the development of China’s market economy,private capital is also more active.On the one hand,it promotes the rapid growth of China’s economy;on the other hand,it also raises risks in the financial field,which is mainly reflected in the frequent occurrence of illegal fund-raising and usury.From the economics theory,usury is a neutral.And the usury can effectively improve the utilization rate of funds and revitalize the private capital,for individuals,businesses to provide the funds needed for the life and production,promote the development of economy,but the usury will infringe the rights of the individual in the process of development,at the same time also have negative influence to economic order,even can cause or trigger relevant crime.Therefore,the theoretical circle of criminal law has discussed whether usury should be regulated by criminal law.There are two arguments about usury in the theoretical circle of criminal law.One is whether usury should be regulated by criminal law,and the other is whether it should be regulated by illegal business within the framework of the current criminal law or separately.From the social perspective of reality,the author states that usury is negative,and the profit-seeking nature of the market obscures the advantages of usury,which is harmful to the society and should be regulated by the criminal law.In fact,the judicial practice also often with illegal business crime cases of usury to deal with social impact is bigger,but the author thinks that such a conviction is not appropriate,is the expansion trend of crime of illegal business as a whole suspected to violate the principle of legality,and on the type from the explanation of the crime of illegal business law can also be difficult to cover the loan sharks.In recent years,the ministry of public security,the people’s bank of China and other ministries and commissions have repeatedly issued notices to crack down on such illegal activities.However,due to its low level of legislative effectiveness,it is difficult to be used as the legal basis for criminal treatment,which often leads to the failure to rely on in judicial practice.The author further discusses the provisions of foreign legislation on usury,indicating that it is necessary to regulate usury in China’s current stage of development.In addition,the regulation of usury by criminal law conforms to the purpose of criminal law,which is conducive to the realization of the function of criminal law and the protection of relevant legal interests.Therefore,from the perspective of regulating loan sharking and the appropriateness of criminal treatment,the criminal law should set up the crime of loan sharking separately,so as to regulate the loan sharking that seriously disrupts the social and economic order.