A Study On The Judicial Application Of The Crime Of Loan Arbitrage

In recent years,the number of "routine loan" crimes has been increasing,causing serious social harm.Due to the complexity of its behavior,judicial organs have exposed many problems in the local practice of judicial cognizance of "routine loan" crimes,which are mainly reflected in the problem of conviction and sentencing.To better deal with " routine loan " the criminal case,the local and national level are introduced a special judicial guidance documents,but from the analysis of the content of judicial documents,all about " routine loan " criminal conviction and sentencing process there are still some differences in details,around the leading to the judicial authority and judicial organs at all levels to "routine is borrowed" criminal justice and judicial practice of the slip.However,the fundamental reason for this phenomenon still lies in the lack of understanding of some basic theoretical problems of "routine loan" crime.This paper starts from the development and evolution of "routine loan" behavior,analyzes its concept and essence,and then reveals the behavior pattern and characteristics of "routine loan" crime,focusing on a comparative study of it and folk lending.On this basis,through the analysis of judicial documents and all around the country,people’s courts at various levels of "routine is borrowed" criminal case,think the current our country in "routine is borrowed" crime is on the main problems existing in the judicial application of "crime and is not a crime" "sin" and lawyers,legal advisers due to special status of the conviction of qualitative and neutral help behavior problems for further research and analysis.As for the identification of "crime and non-crime",the author advocates that the identification should be carried out on the basis of "two-stratum system" according to the constituent elements of "routine loan" crime.As for the determination of "crime number",the author advocates that the theory of "legal interest + constitutive elements" should be adopted,and puts forward the way to determine the crime number of "formula loan".On the issue of the cognizance of the accomplice of "neutral helping act" of lawyers and legal counsel,the author advocates the adoption of "objective theory" and "comprehensive theory",and puts forward the way to cognizance of the cognizance of "neutral helping act" of accomplice..