Research On The Criminal Law Regulation Of "Routine Loan"

The appearance of "routine loan" is the folk loan,which usually uses the folk loan as a cover to lure or force the victim into the loan trap and illegally occupy other people’s property by various means.The term "routine loan" is not a strict academic concept,but a general term for a series of criminal activities.At present,"routine loan" cases occur frequently.With the continuous innovation and development of technological means,the manifestations of the crime of "routine loan" are more diversified,and various forms of loans such as car loan,House loan,Campus Loan,Naked Loan,net loan and credit are emerging one after another,permeate every aspect of social life.Driven by huge profits,"routine loan" gradually formed a set of mature mode of operation.The reason for the repeated prohibition of the crime of "routine loan" is due to the big gap in the criminal regulation of "routine loan".The "routine loan" behavior itself has certain novelty,the pattern confuses the human eyeball,the essential characteristic is difficult to grasp.This paper makes an empirical study on the current situation of the trial of the "routine loan" crime,and specifically analyzes the problems existing in the legislation and judicature of the "routine loan" crime,in this way,we can look back on the lack of the criminal legal regulation of the crime of "routine loan",and explore the way to solve the dilemma from the legislative and judicial aspects.This paper includes four aspects.The specific content is:PartⅠ: The determination of "routine loan" crime.This paper briefly discusses the definition of "routine loan" crime,the five forms of "routine loan" crime,and the differences between "routine loan" crime and "usury" and "illegal debt collection".At the same time,it summarizes the four characteristics of the "routine loan" crime,namely,the diversity of criminal forms,the large scale of criminal organizations,the integrity of criminal behavior,and the serious social harm of criminal results,most of the defendants are unemployed young and middle-aged groups,and the "routine loan" crime cases occur in economically developed areas.PartⅡ: The Criminal Legislation Analysis of the crime of "routine loan".This part lists some of the charges involved in the crime of "routine loan",and combs the relationship between the crime of "routine loan" and the property penalty system and the occupational prohibition system,thus summed up our country "routine loan" crime related to the property punishment system legislative defects,that is,the system of unlimited fine violates the principle of legislative clarity,and there are some defects in the design of the punishment system of confiscation of property.PartⅢ: The criminal judicial analysis of "routine loan" crime.This part investigates the judgment of "routine loan",summarizes the case,and obtains the problems existing in the criminal practice of "routine loan".which mainly includes:the qualitative confusion of criminal and civil cases,the vague identification of charges,the unclear determination of the number of crimes,the too wide identification range of evil forces,and the improper calculation of the amount of crimes The application of property penalty is light.PartⅣ: Suggestions on criminal regulation of "routine loan" crime.The author through the analysis of the above problems,from the increase of "routine loan" crime of criminal legislation,clear "routine loan" criminal connection system,strengthen the "routine loan" crime of judicial application of the three levels of measures to improve.