A Study On The Punishment Of Illegal Lending

In recent years,the development of private lending is very rapid,but the criminal law does not specify how to regulate the illegal lending behavior in private lending,resulting in more and more illegal lending behavior,so that the evil forces also intervene,causing serious social impact.The cases of private lending accepted by courts all over the country are also increasing,including cases of illegal lending.Loan management is not only closely related to the borrower’s life,but also has a significant impact on social development.Therefore,the regulation of illegal lending behavior is increasingly important,and the punishment of illegal lending behavior is gradually put on the agenda.Previously,the illegal lending behavior in China was regulated through civil channels to protect the legitimate rights and interests of borrowers,but this can not solve the increasingly serious problem of illegal lending behavior.In the practice of criminal justice,illegal lending behavior has been identified as the crime of illegal business operation in the form of official reply,but since then,due to the implementation of the requirements of "legal crime",the illegal lending behavior is excluded from the criminal scope through the form of reply,and the problems caused by illegal lending behavior have not been solved.Based on this,The Supreme People’s Court,The Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice issued the Opinions on Several Issues concerning Handling Criminal Cases involving "Routine Loans" on February 28,2019.The "opinion" describes the definition of illegal lending behavior in detail,and convicts and punishes the illegal lending behavior as the fourth paragraph of the crime of illegal business operation,which is solved to a certain extent It also provides some guarantee for social stability and economic development.However,there are some differences between the connotation of "state regulations" in the illegal lending behavior and the crime of illegal operation stated in the State Regulations.If the compulsory identification is consistent,the essence of the "oral crime" of the crime of illegal business operation can be identified.Moreover,the object infringed by the illegal lending behavior is not consistent with the object violated by the crime of illegal business operation It is still unable to identify the illegal lending behavior as one of the manifestations of the crime of illegal business operation.Therefore,it is necessary to consider the conviction and sentencing of the crime of illegal business operation in the opinion.Moreover,it is beyond the scope of judicial interpretation to interpret the acts that are not regulated by criminal law as criminal acts,which is beyond the scope of the function of judicial interpretation.On the contrary,it becomes an infringement on the criminal legislative power,which does not meet the requirements of the relevant principles of criminal law.Although some scholars still have reservations about the punishment of illegal lending behavior,but the harmfulness of illegal lending behavior has reached the degree of need of criminal law regulation,in addition to conviction and punishment of illegal business operation crime,it can also be regulated through the establishment of new charges,which should be based on the illegal lending bank In order to determine the position of the crime in the criminal law for the object of infringement,there is also room for discussion on the constituent elements.The setting of legal penalty can refer to the legal punishment of the crime of usury in the crime of destroying financial order.The purpose of this paper is to explore the feasibility and how to punish illegal lending behavior.Only by solving the above problems,can the criminal law regulation of illegal lending behavior be legal and reasonable.