The Governance Of Crimes Of Triad-related Routine Loans: From The Perspective Of The Negative Effects Of Criminal Law

"Triad-related and evil routine loans" is a new type of illegal and criminal activity that has gradually emerged in recent years.It uses private lending as a guise to realize the illegal possession of the victim’s property,infringes on a variety of legal interests,and gives life and property to the society and people.Cause serious injury.In view of this,such illegal and criminal activities must be subject to criminal regulations.As a criminal phenomenon with clear division of labor,strong concealment,and great social harm,"routine loan" has been included in the scope of the "special struggle against gangsters" and has been severely cracked down.Since the start of the work,the people’s sense of security and sense of gain has continued to improve,and staged results have been achieved,but there have also been many problems with the negative spillover effects of criminal law governance.This article first reviews the current research status at home and abroad,and then starts with the concepts and definitions of "routine loans" crimes and "gang-related routine loans crimes",and its negative effects on the governance of "gang-related routine loans" crimes The concept is defined,and then the characteristics and behavior patterns of the crime of "gang-related and evil-related routine loans" are explained,and then the current situation of the criminal law system of the "gang-related and evil routine loans" is analyzed,focusing on the court’s "routine".The research on the data statistics of trial cases of "loan" crimes has specifically pointed out the problems existing in the criminal law application of "triad-related and evil-related routine loan crimes",including: some "routine loan" crimes were incorrectly identified in the specific crimes;routine loan Most of them were classified as involving triads and crimes,and the punishments were too wide and wide;they were punished too heavily for "routine loans" and "involving triads and crimes";the phenomenon of criminal and civil crossover in "routine loans" was prominent.And because of these problems,the negative spillover effects of the criminal law governance have been triggered,including: violation of the fundamental principle of statutory crimes and punishments;violation of the modest nature of the criminal law and the criminal policy of both leniency and strictness;excessive interference in criminal methods and involvement in civil disputes have caused many problems;It is difficult for criminals to be accepted by society after they are released.Since the domestic academic circles rarely involve the study of negative spillover effects in this area,this is also the innovation of this article.Finally,the article puts forward countermeasures against the negative spillover effects of criminal law governance of "gangs involving evil routine loans",including: adhering to the principle of statutory crimes and punishments,maintaining the modest nature of the criminal law and the criminal policy of both leniency and strictness,and strictly following the crimes in routine loan cases Constituting a conviction,accurately applying the crime of illegal business operations,adding the crime of illegal lending and other aspects.Discuss the path of criminal law and regulations for "gang-related crimes involving evil routines",and provide theoretical and countermeasure support for practice.