Research On The Adjustment Of Criminal Law Of Illegal Lending

In order to solve the financing difficulties of small and medium-sized enterprises and regulate non-governmental financing activities,our country has made a great variety of policies out encouraging the development of private financing market.However,these activities of illegal lending have become more often and triggered other all kinds of illegal or criminal activities,and caused serious damage to the management order of financial market and the people's property.Our country issued ? the opinions on certain issues concerning the handling of criminal cases involving illegal lending? to effectively stop illegal lending activities and maintain order in the financial market,which clearly identifies these activities as illegal lending,and classifies it as the fourth type of crime of illegal business operation.To a certain extent,the opinion ease's the difficulties of judicial application and play's a positive role in cracking down on the rampant illegal lending.But the opinion is not perfect,and lead's to other problems,for example,paying excessive attention on judicial interpretation of criminal legislation,the criminal legislation replaced by the criminal judicial interpretation,uncoordinated system of criminal charges,punishment not adapted to Criminal activity and so on.This article adopts the method of Case Analysis on the basis of Liujun's case,focuses on the nature of illegal lending and analysis the verdict.By comparing,the crime of illegal business operation is more applicable than fraud,but not the best solution.Then this article explains the advantages and problems of applying the crime of illegal business operation,and puts forward some suggestions on the problems.The article is divided into three parts: the first part reviews the case and trial results of Liujun's case,and sums up the dispute of the case;the second part analyzes the dispute,including the nature of illegal lending,the relationship between illegal lending and other criminal activities,as well as the joint crime in illegal lending;The third part mainly expounds the thinking caused by the case,and emphatically analyzes various problems arising from the verdict according to the crime of illegal business operation,and suggests to improve criminal regulation of illegal lending by criminal legislation and justice.