A Study On The Case Of "Routine Loan"

With the increasing activity of private lending market in China,a kind of crime form called "routine loan" has emerged in endlessly in recent years.The victim,the light one,is "set" to walk the house,the property;the heavy person,the value of more than 100 million assets,the real estate is occupied,mortgaged and sold by the criminal suspect in the continuous "routine".At the same time,while causing great damage to the property of the victims,in some parts of our country,"routine loan" has even become a common illegal and criminal activity carried out by evil forces,which seriously affects the stability of the national economic order and social and economic order,and is not conducive to social harmony.In addition,the crime of "routine loan" may also lead to,for example,knock Extortion,robbery,provoking trouble,false litigation and other criminal acts,so the crime mode of "routine loan" is very harmful to society,so the crime of "routine loan" has aroused great concern from all walks of life,and the response of all sectors of society to severely punish the crime of "routine loan" has become more and more intense.In order to effectively regulate,the central government(including the Supreme people’s Court,the Supreme people’s Procuratorate,the Ministry of Public Security,the Ministry of Justice)and Shanghai,Zhejiang,Chongqing and other places have issued corresponding relevant guidance opinions one after another.At the same time,the central government has also severely punished the crime of "routine loan" as an important part of the special work of "cracking down on crime and eliminating evil." The crime of loan has become the focus of the central government and judicial organs at all levels.Although the treatment of some problems in the case of "routine loan" has become more and more clear because of the promulgation of the relevant guiding opinions of the central and local governments,the author still finds that there are many controversial issues in handling the case of "routine loan",and this paper discusses and studies these controversial issues.The author hopes that some of the opinions in this paper can provide some reference and help for the handling and research of "routine loan" cases.In addition,the author hopes that the judicial organs should strictly distinguish between "routine loans" and general civil loans(including usury)when investigating and handling "routine loans" cases,so as to prevent the expansion of the crackdown.Face,at the same time,the author also hopes that the judicial organs in handling cases in accordance with the criminal policy of leniency and severity,must not overcorrect.In addition to the introduction and conclusion,the full text is divided into three chapters.The first chapter is an overview of the "routine loan".The author mainly expounds the concept of the "routine loan",the basic characteristics of the "routine loan" and the boundary between the "routine loan" and the high-interest loan,and the author hopes that the case-handling personnel can fully understand the "routine loan" so that the case-handling personnel can accurately distinguish the "routine loan" and the high-interest loan so as to prevent the case-handling organ from expanding the hitting surface,To make an unjust and false case.The second chapter states the factors that need to be considered in the conviction of``loan’’,mainly taking the crime of fraud in the case of``loan’’,the crime of fraud and the crime of false litigation,etc.The third chapter is the analysis of the specific problems of the "routine loan".Because the criminal means,links and personnel involved in the "routine loan" are more,the author discusses several common situations in practice: the use of the continuous multiple means to illegally occupy the money of the borrower,and whether the upper and lower houses of the account form a common crime,The criminal responsibility of the "routine loan" company to hold the crime of illegal operation can be investigated.