Research On The Number Of Sin Of "Routine Loan"

"Routine loan" originated from private lending,it is a criminal model of the alienation of private lending.Actually,"routine loan" is a behavior of illegally taking possession of the victim’s property through taking advantage of various of behaviors such as fraud under the cloak of private lending."Routine loan" is similar to private lending and usury.Although"routine loan" is evolved on the basis of private lending,it is greatly different from private lending and usury in terms of behavioral purpose,behavioral mode and behavioral consequences."Routine loan" is not a crime,but it is a general term for the crime of violating other people’s property.It infringed not only the property rights of others,but also others’ personal rights.In modern judicial practice,due to the different modes of criminal behavior involved,they constitute fraud,blackmail,robbery,false imprisonment,fraud litigation,intentional injury and other charges,At the same time,according to the different facts of the specific case,selecting the combination of several crimes or a felony punishment by the relevant provisions of the criminal law and judicial interpretation."Routine loan" is the key object of the current anti-mafia and anti-evil special activities because of it is a new crime pattern that just appeared in recent years.Although the highest judicial organs or local judicial organs have issued some judicial interpretations and guidance opinions on the related issues of "routine loan",these relevant provisions only generalize the definition,charges and legal application of "routine loan" in principle,and do not clearly define "routine loan".Because of the diversity of behavior patterns of "routine loan",in some of the judicial practice in accordance with the crime of fraud,a combined punishment for several crimes and racketeering sin,or some judge false imprisonment,intentional injury combined punishment for several crimes.As a result,there is no unified standards causing its standard of the determination on the amount of crime is in a fuzzy state,and caused "routine loan" must be difficult in the process of decision.To sum up,in order to accurately determine whether the offender of "routine loan" should be punished with one crime or several crimes,we should mainly distinguish the behavior patterns of each stage,establish clear standards for the determination of the number of crimes and formulate clear rules for the punishment.