Research On The Criminal Identification Of The "Elaborately-planned Loans" Crime

As a new type of crime,“Elaborately-planned Loans” comes from the booming private lending activities in recent years.By making loan traps and designing serial scams,victims are gradually trapped in those pitfalls.Those behaviors impaired the borrower’s rights and interests seriously,and also make social in disorder,hindered judicial justice,and challenged the moral bottom line of society.In October 2017,Shanghai issued “The Work Opinions on Handling Criminal Cases of Elaborately-planned Loans”,which is the first document in China to regulate this crime.Soon after,Zhejiang,Chongqing,Anhui and other provinces also issued relevant guidance documents.On April 9,2019,four ministry jointly issued “The Opinions on Several Issues in Handling Elaborately-planned Loans Criminal Cases”,“The Opinions on Several Issues in Handling Criminal Cases of Evil Powers”,“The Opinions on Issues Relating to Disposal of Property” and “The Opinions on Issues Relating to the Implementation of Criminal Cases with Soft Violence”.Those four documents have played a positive role in unifying judicial determination.However,in the trial of practical cases,there are still many problems that needed to be resolved.Therefore,in the perspective of empirical analysis and the combination of trial practice,we should find problems in the crime of “Elaborately-Planned Loans” in practice,conclude and put forward corresponding suggestions.This crime mainly includes five steps: making illusion,and signing contract of false high loan,making the false payment fact,deliberately making or arbitrarily identifying a default,maliciously building a high loan amount,using soft or hard violence to claim for debts.These criminal steps are often used in the form of unsecured loans,house mortgages,motor vehicle mortgages,or naked loans,which has triggered many crimes,such as fraud,extortion,illegal detention,robbery,provocation,etc.Those acts are divided into two stages: fraud and claiming debts.There are different judgments in judicial practice.Therefore,we should distinguish the circumstances and issue more detailed guidance;The number of crimes should be determined on the basis of the number of violations of legal interests.