Study On Judicial Identification Of Crime Of "Routine Loan"

Driven by the rapid development of the current market,capital is constantly expanding,various lending companies and the private lending market is rapidly booming,with the increasing demand for funds,some illegal and criminal activities of illegally taking other people’s property under the guise of private lending have also begun to appear and gradually become rampant,causing great harm to society.As such illegal criminal activities are usually manifested by the perpetrator first signing a fictitious loan agreement with the victim,forming a false debt relationship,then The purpose of illegally taking possession of the victim’s property by maliciously creating a breach of contract is collectively referred to in theory and practical community as"Loaning" and "Routine Loan" crimes."Routine Loan" crimes refer to the use of private loans to induce or force the victim to sign a series of agreements with the purpose of illegal possession,to form false debts by inflating the amount of loans,maliciously creating defaults,arbitrarily determining defaults and destroying evidence of repayment,and to illegally take possession of the victim’s property by means of litigation,arbitration,notarization or by using violence,threats and other means.Although they are similar to the folk usury lending,they are quite different in subjective purpose,objective behavior,social harmfulness and behavior nature.The crime of "Routine Loan " has the subjective purpose of illegal possession,the form of expression of "loaning",the means of collaboration,and the diversity of debt collection methods,which is different from that of private usury lending in terms of subjective purpose,objective behavior,social harm and nature of behavior.The difference exists in the subjective purpose,objective behaviour,social harm and nature of the act.The most important ones in judicial practice are fraud,extortion,provocation,illegal detention,etc.By analyzing the cases of "Routine Loan" crimes screened on China Judicial Documents,it can be seen that the judicial application of "Routine Loan " crimes shows a "litigation fraud" type The crime of "Routine Loan" is mostly considered as fraud,the amount of money involved in the crime of "Routine Loan" is complex,and the proportion of the crime of "Routine Loan" is considered as a crime of black and evil forces is higher.In addition,most of the "Routine Loan" crimes were found to be multiple crimes.At present,the following problems exist in the judicial determination of the crime of "Routine Loan" in China:there are differences in the characterization of the crime of "lawsuit fraud" type of "Routine Loan",which affects the definition of the crime of "Routine Loan".There are also problems with the determination of the amount of money involved,which affects the accurate sentencing of the crime of"Routine Loan";the determination of the crime of "Routine Loan" as black and evil forces The trend of crime is expanding,easily causing an imbalance between crime and punishment;there are difficulties in identifying one and several crimes in the crime of "Routine Loan",which affects the accurate conviction and sentencing of the crime of "Routine Loan".In response to the problems in the judicial determination of the crime of"Routine Loan" in China,we should address them from the following aspects:first,expand the scope of evidence and increase the review of evidence to form a complete chain of evidence,so that the evidence for the conviction of the crime of "Routine Loan" is reliable and Second,to accurately determine the amount of money involved in the crime of "Routine Loan" in order to accurately sentence the crime of "Routine Loan" and make the punishment fit the crime.Thirdly,the amount of money involved in the crime of "Routine Loan" should be accurately determined in order to accurately measure the penalty and to make the punishment fit the crime;fourthly,accurate identification of the number of offences and crimes in the "Routine Loan " offence in order to obtain accurate convictions and sentences.