On The Cognizance Of Accomplices Of "Routine Loan"

"Routine loan" takes "the illusion of borrowing" and "the essence of trap" as the basic elements,and embezzles property as the foundation,which is actually a general term for related illegal and criminal activities.In practice,the "routine" mode is complex and diverse,mainly manifested in the "civil veil","chain of perjury," "debt trap" and "debt collection method." As a new type of crime,"routine loan" joint crimes have become normal,and the identification of accomplice has become a very difficult and unavoidable problem in its field.The identification of accomplice should first clarify its essence,which should be understood as the common elements of the Constitution in the legal norms.However,the "routine loan" case involves a variety of crimes,and it cannot be regarded as an independent or specific crime for analysis of accomplice determination.The forms of accomplice of "routine loan" are also diverse,which can not only be expressed as general joint crimes,but also group joint crimes.A criminal organization of "routine loan" may touch multiple common crimes,and the role of each actor in specific joint crime is different.Therefore,the identification of accomplice of "routine loan" is quite complicated.Although the local judicial opinions provide a certain degree of guidance on the identification of accomplices in local "routine loans" crimes,the "routine loans" judicial interpretations also provide special provisions as national guidelines.However,there are still many ambiguities and misunderstandings in the identification of "routine loan" accomplices in trial practice.With regard to the identification of accomplices in "routine loans",the actual difficult problems are mainly reflected in the difficulty in identifying joint intentions,not only due to the different understanding of cognitive factors and will factors,but also because of the position selection of "the necessity of meaning contact".The identification of criminal groups is too broad.The criminal act of "routine loans" in the form of a company is easily identified as a criminal group,which confuses the relationship between the criminal group and the criminal group;the identification of the chief actor is also confusing,and the company is a legal person.Under what circumstances,or shareholders,etc.can be judged as the chief actor is biased.Circumstances that do not distinguish between the principal offender and the accomplice also frequently occur.In the "routine loan" case,the master-slave relationship between the actors is not clear enough,and the main role and auxiliary role are difficult to determine.In view of many practical puzzles in the identification of accomplice in "routine loan",in order to properly handle the identification of accomplices in "routine loans",reasonably solve the problems of the penal application of various perpetrators,and maintain judicial justice,the basic criminal concept should be followed.Specifically,the identification of "routine loan" accomplices must adhere to the criminal law’s modest and restraining concept,adhering to its supplementary,tolerant and economical connotations,and strictly control the scope of identification of "routine loan" accomplices.Persons involved in the case should be reasonably excluded from the list of accomplices who have been punished by means of,administrative,etc.;we must adhere to the bottom-line thinking of "no suspected crimes",uphold rational thinking in the identification of "routine loan" accomplices,discard the presumption of guilt,and value evidence Review.In addition,it is necessary to use the criminal policy of combining leniency and strictness as a guide to reasonably distinguish between principal offenders and accomplices,and accurately characterize and screen the forms of accomplices.The determination of common intention should be carried out around the cognitive factors and will factors of the common intention,as well as the intentional contact between the actors.There is inconsistency in the degree of subjective understanding of the actors in the "routine loan".The determination of subjective "knowingly" should consider various ideas such as direct proof and indirect proof.There are volitional differences among the accomplices of "routine loans".The connection of meaning is an important connotation of joint intention and a prerequisite for the establishment of joint intention.It includes express,implied,and acquiescent methods.In practice,the transferring and balancing personnel of "routine loan" may make intention contact by acquiescence.Regarding the identification of criminal groups and their chiefs,it is necessary to clarify the criteria for establishing criminal groups and to clarify their differences with narrow criminal groups.The essence of the chief element of the criminal group lies in the organization and leadership behavior.For corporate legal persons or shareholders who have not participated in the organization or planning activities of the entire "routine loan" criminal group,or have participated less,they should not be characterized as the chief elements.In determining the identity of the principal offender,it is necessary to abide by its theoretical standards,and examine the persons who led the criminal process,the persons who gathered the crime and the persons who mainly directly committed the crime in the "routine loan" case.In the identification of accomplices,the secondary actors and auxiliary actors are examined.In the "routine loan" case,it is mainly reflected in general business recruiters,financial accountants,and reminders.In a word,the principal and subordinate criminals should be carefully identified in the specific links of the perpetrator in the "routine loan" crime,as well as in the role and role of the whole criminal organization.