Research On The Criminal Regulations Of "Trap Loan"

In recent years,there have been a large number of illegal possession of other people’s property under the pretense of "borrowing" in real life,which is collectively referred to as "trap loans" in judicial practice.With the emergence of a large number of "trap loans" cases,the scope of their involvement has become more extensive,not only infringing on the safety of other people’s property,but also possibly infringing on the personal safety of others.Although the "trap loan" case has attracted widespread attention from academic circles and society since its appearance,it is still a new illegal and criminal behavior,and its theoretical research is still not comprehensive and in-depth at present.In previous studies,the main focus has been on the criminalization path of "trap loans",while the research on the path of criminal law after the crime is determined is relatively weak,and there are certain differences on how to convict.Therefore,in order to effectively regulate the "trap loan" behavior and realize the standard treatment of the "trap loan" behavior,this article will study its criminal legal system from the following aspects:The first part,Clarify the basic connotation of "trap loan",including concepts,characteristics,manifestations,and common patterns;The second part,Discuss the current problems in the criminal law of "trap loans",including conceptual understanding,such as unclear concept definitions and confusion with private lending;differences in the criminal law system,such as some scholars who believe that illegal business operations can be convicted and punished.Some scholars believe that if the crime of illegal business operation is convicted and punished,it violates the principle of statutory crimes and punishments in the criminal law.The crime should be determined based on the implementation of the crime and the damage structure.In addition,there are also certain problems in the regulation of the crime."Lending" has various infringement methods,and is generally divided into two stages before and after the loan and the debt collection.Therefore,the determination of criminal acts and the overall understanding are slightly insufficient;The third part,Improving the existing problems in the regulatory path of "trap loans",using the second existing issue as a comparison to determine the understanding of the concept of "trap loans",determine its positioning,and clarify its relationship with private lending;for the crime of illegal business operations Analyze the point of view of "trap loan" for regulation,and confirm the point of A and B;finally,complete and refine the view of regulation based on the composition of crime,clarify the determination of the specific crime involved in the criminal act,and carry out the two phases of "trap loan" as a whole grasp.The diversity of infringement methods of "trap loans" and the complex behavior of behaviors greatly increase the difficulty of identifying "trap loans",which in turn leads to confusion in judicial determination.Therefore,in order to effectively regulate the behavior of "trap loans",it is necessary to make a comprehensive evaluation,adapt to crimes and punishments,and combine the current criminal law regulations and relevant judicial interpretations to accurately determine the behavior patterns during the implementation of "trap loans" and make a comprehensive analysis.To grasp the overall situation,in order to achieve an impartial and effective regulation on the identification of "trap loan" behavior.