A Study Of Usury Crimes Related To Organizations Of A Gangland Nature And Gang-Like Groups

Since the launch of the Special Criminal Syndicate Combat in 2018,judicial practice has strengthened the crackdown on “violations and crimes related to organizations of a gangland nature and gang-like groups” and violent crimes derived from usury.At present,there are no specific usury charges in China,and the related crimes mainly include the crime of illegal operations,the crime of fundraising fraud,and the crime of illegal soliciting public deposits.After the implementation of “the Opinions on Several Issues Concerning Handling Illegal Lending Criminal Cases” in October 2019,it was clear that criminal activities should be used to regulate illegal lending by criminal forces.The issue of usury has become an economic guarantee for crimes committed by organizations of a gangland nature and gang-like groups,who provides strong violent support for the issuance and collection of usury.This is a study of illegal loans by criminal evil forces.To study the crimes of usury involving " organizations of a gangland nature and gang-like groups",we need to clarify legal concepts such as underworld organizations,evil forces,usury,and soft violence.Combining relevant regulations,the "triad-type" usury crimes can be defined as follows: In order to obtain high profits,groups that have been identified as organized gangsters in accordance with the law can use their own or absorbed funds to issue loans to unspecified people in society at rates exceeding the legal interest rate.And violent means such as violence,coercion,or organizational deterrence to carry out illegal lending activities.And "evil-type" usury Crimes can be defined as: Organizations identified as evil criminal groups in order to obtain high profits make use of their own or absorbed funds to issue loans to unspecified people in society at a high and illegal rate.And illegal lending collection by violent means such as violence,coercion or deterrence.According to the different types of crimes involving“organizations of a gangland nature and gang-like groups”,it can be further divided into corporate usury,gambling usury,forced usury,online loan usury,and individual usury.The empirical analysis of "gangland nature" and "gang-like" usury crimes cannot be separated from the support of related cases.According to the “Itslaw” case network search engine,there were 10 cases of usury involving “triads and evils”,including 2civil cases,8 criminal cases before the implementation of the Special Criminal Syndicate Combat(the period from 2016.7.1 to 2017.12.31).after the implementation of this special campaign(the period from 2018.1.1 to 2019.6.30),there were 40 usury cases,including 38 criminal cases and 2 civil cases.Since the advancing of the Special Criminal Syndicate Combat,the number of this type usury cases have increased sharply,the total number of cases has increased by 3 times,and the number of criminal cases has increased by nearly 4 times.The above-mentioned cases and statistical data clearly show the different types of usury crimes committed by “organizations of a gangland nature and gang-like groups” and their identified dilemmas.With the review of the status quo and problems in the relevant ruling documents in the past three years,we can analyze the main characteristics,changing reasons of the usury crimes involving “triads and evils”,and the causes of the dilemma identified in practice.The reasons are roughly as follows: the three-year Special Criminal Syndicate Combat across the country has achieved remarkable results,the impact of the level economic development and location,the effectiveness and the low risk of soft violence,the nature and jurisdiction of the cases,the indulgence and shelter of the judiciary,the pressure of handling cases at the grass-roots level that needs to be improved,the lack of laws and regulations aggravates the problem of handling cases,the difficulty of investigating cases,the lack of special and strict special clauses,the regulation of "triad-related and evil-type" usury crimes are not complete,criminal policy propaganda is insufficient.According to the judicial policies of the Party and the country and judicial practice in the past three years,it is obvious that the whole policies have oriented the crackdown upon organized crimes.Combining the causes of usury crimes committed by“organizations of a gangland nature and gang-like groups”,and drawing on China’s Taiwan region,the United States,and Japan’s extraterritorial experience,we can discuss the criminal regulations of "black-related and evil-type" usury crimes from other laws such as the Civil Law,Economic Law and Administrative Law.In criminal legislation,the crimes of supporting organizations with a gangland nature and the crimes of organizing,leading,participating,sheltering,and condoning evil criminal groups couldbe added.In criminal justice,we could increase the scope of sentencing and strengthen the crackdown on corporate and gambling usury crimes,combat soft violence crimes,strengthen judicial guidance for receiving cases at the primary level.In criminal policy,we should implement the criminal policy of “combining leniency and strictness”,increase public awareness for the criminal policy of “the criminal syndicate combat,”rely on grass-roots political power,and mobilize the masses to actively report usury crimes committed by “organizations of a gangland nature and gang-like groups”.