Study On The Investigation Of "Trap Loan" Crime

“Trap Loan” crime is a new type of crime,which originated in 2017 in the normative sense,and has been growing rapidly since then,with a high crime rate and a trend of gradual spread to the central and western regions.“Trap Loan” concept is very important,the criticism of “with the ‘Trap Loan’ concept instead of the crime constitution” is not according to the actual,“Trap Loan” the existence of the concept of crime not only on the right of judicial activities to carry out the obstacles,also specification complex case judgment,and can strengthen the warning role of criminal and judicial decisions for national publicity enlightenment.From the perspective of the time development status of crime,the crime of “Trap Loan” presents the characteristics of the rapid growth of the number of original cases and the high operation of the number of cases.In terms of the current situation of regional development of crime,the “Trap Loan” crime shows the general feature that it is mostly concentrated in East China and has the feature that it has a recent trend of spreading to the central and western regions.In the level of the specific crime identification status,the crime of “Trap Loan” presents the characteristics of the identification centrality of the crime of fraud and extortion and the improper identification of the number of crimes.In general,the “Trap Loan” crime shows the rapid development of crime,but the growth gradually slows down;It is concentrated in East China and tends to spread to the middle and western regions.The characteristics of crime specialization and collectivization are obvious.And the rise of mafia-related and evil trends.The criminal investigation system of “Trap Loan” consists of two aspects: the value concept of the investigation system and the procedure setting of the investigation system.The value concept of the investigation system has the value orientation of “attaching importance to solving cases” and neglecting the value of other aspects.In the procedure setting of the investigation system,at the level of the investigation initiation procedure,it is easy to cause the cases to be found out after the fact,which is not conducive to the early shooting and the small shooting,and there is the possibility of the case jurisdiction disorder.In the aspect of the investigation implementation procedure,it shows the disadvantages of lack of pertinence and flexibility.At the end of investigation procedure level,it is easy to appear the lack of identification of “specific crime”.The introduction of the “Trap Loan” Case Opinions made up part of the deficiency in the investigation system to a certain extent,but the effect is still very limited.In the investigation practice of “Trap Loan” crime,there are some problems,such as the lag of cracking down,the low efficiency of handling cases and the quickness of crime identification,which can also be partially found in the research of academic colleagues.Through the current situation of the system and practice of the crime of “Trap Loan”,it can be found that there are some serious problems in the investigation practice of the crime of “Trap Loan”,such as the imperfect construction of the investigation system,the lack of targeted response by the investigation organs,the lack of the identification of the crime and the obstruction of the investigation cooperation channels.To perfect the “Trap Loan” crime investigation countermeasure.First of all,it is necessary to establish the correct concept of investigation: to establish the concept of investigation according to law,not to replace the crime constitution with the concept of “routine credit”,to distinguish various types of crimes from the concept,and pay attention to the possible relationship between the number of crimes,and at the same time,to clarify the relationship between crime and non-crime.In order to establish the concept of integrated investigation,we should take the concept of “routine credit” as the guide to overall plan the investigation work,and recognize the crime as a whole in the investigation,and cannot “treat it separately”.It is necessary to establish the concept of substantive investigation,to apply the “Trap Loan” Case Opinions substantively,and at the same time,to think substantively consciously when handling cases.Secondly,the investigation method should be improved concretely.In the vast majority of cases,the investigation of “explicit” “Trap Loan” cases should not be carried out as crimes,and the investigation work should be carried out cautiously in a few cases where a crime may be established.On this basis,specific crimes should be identified scientifically and reasonably: common crimes should be correctly identified,criminal cases should be standardized identified,and possible “soft violence” means should be strictly screened;To carry out investigation activities in an all-round way,it is necessary not only to investigate all the crimes committed,but also to pay attention to the problem of accomplices.We should actively carry out relevant work,attach importance to the preservation of the property involved in the case,and carry out appropriate targeted preventive intervention to specific companies.Investigation work should be carried out in a comprehensive way,combining special strikes with normal governance,and combining online investigation with offline investigation.We should pay attention to the breakthrough of key figures including the ringleaders of criminal groups and financial personnel.It is necessary to attach importance to the promotion of investigation cooperation,strengthen the cooperation of investigation departments,strengthen the trans-regional cooperation of investigation organs,perfect the trans-dimensional cooperation of public security and judicial organs,and promote the trans-national investigation cooperation.Finally,we should improve the investigation guarantee work.In order to improve and perfect the establishment of crime investigation institutions with “Trap Loan” crime,we can consider establishing temporary criminal investigation institutions with “Trap Loans” to improve the professional level of investigation team and strengthen the construction of technical level.