Research On Several Problems Of "Routine Loan"

Prior to the introduction of the relevant guidance,the public security organs mostly refused to file the cases of "routine loan" on the grounds of civil disputes,which prevented them from entering the criminal procedure.In recent years,the case of "routine loan" has gradually become a large scale,and its harmfulness has become increasingly evident,before it attracts the attention of the judicial organs.Over the years of development,the "routine loan" born of usury has gradually formed a set of mature operation mode.Once it falls into the "routine loan" designed by the perpetrator,it often leads to the collapse of the victim's property,suffers huge property losses,and even pays the cost of life.In this regard,the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Justice issued the Guiding Opinions on Several Issues Concerning the Handling of Criminal Cases by Black and Evil Forces,which stipulated the fight against "arbitrage" in accordance with the law.On October 25,2017,the three organs of Shanghai Public Prosecution Law jointly formulated the first provincial-level Guiding Opinions on regulation of "routine loans".Subsequently,Zhejiang,Chongqing and other provinces and municipalities issued relevant guiding opinions.It should be considered that at this stage,the judicial organs have fully realized the harmfulness of "routine loan" and put forward targeted regulatory measures.However,the current guidelines are relatively inadequate.Forexample,in the Guiding Opinions on Several Questions Concerning the Handling of Crimes by Black and Evil Forces,only stipulate that "fraud,forced transaction and extortion should be carried out according to the specific facts of the cases".Crimes of extortion,robbery,false litigation,investigation,prosecution,trial,etc.The content of Opinions is vague and not clear enough to provide guidance for judicial practice.Moreover,the guiding opinions issued by the provinces are not uniform enough,and there are conflicts and contradictions on some specific issues.Therefore,it is necessary to make further theoretical research on the related issues involved in the crime of "routine loan".This paper is divided into three parts.The first part is an overview of "routine lending",including the five operational steps,concepts of "routine lending",and the relevant provisions of "routine lending" in local legal guidance.This chapter is divided into three sections: The first section summarizes the concept of "routine lending".Section II summarizes the most typical operation mode of "routine loan" in judicial practice,and introduces in detail the five steps of "routine loan".The third section introduces the existing normative legal documents on the regulation of "routine lending",makes a simple comparative analysis from the qualitative,accomplice and the amount of crime,and summarizes the shortcomings of the current regulatory opinions,pointing out the direction for the following research.The second part is about the comparison between usury and "routine loan".This chapter is divided into two sections: The first section analyses the similarities between "routine loan" and usury,and points out that they have similarities in the main body,interest collection and debt collection methods.The second section focuses on the differences between the two.It analyses the differences between the two from the aspects of essence,means,subjective purpose,legal nature and legal consequences,and makes a detailed distinction between "routine loan" and usury.The third part is about the qualitative problem of "routine loan".This chapter is divided into three sections.For the first time,"routine lending" is divided into twoparts,namely,pre-action and means of action.Firstly,the author makes a qualitative analysis of the behavior in each stage,and finally gives a comprehensive evaluation.The first section is the qualitative analysis of the pre-emptive act.It analyses whether the pre-emptive act constitutes the crime of fraud or contract fraud,and whether it constitutes the crime of illegal operation.The second section analyses the qualitative problem of means and behavior in "routine loan",and studies the qualitative problem of violent means and non-violent means respectively.The third section is the relationship between pre-action and means.On the basis of qualitative analysis of pre-action and means respectively,the relationship between them is studied,and the overall criminal law evaluation of the crime of "routine loan" is made.