Criminal Regulations On Illegal Loans

Due to economic development,the scale of my country’s private financing market continues to expand,and various lending behaviors continue to occur.Compared with legal private lending,illegal lending behavior often wanders on the edge of market supervision due to its high interest rates,seriously disrupting our country Financial supervision order,and in practice,in addition to the simple act of granting loans at high interest,illegal lending is often accompanied by other acts that violate financial order or involve violent crimes,infringe on citizens’ personal and property rights,and disrupt social order.Make illegal lending behavior one of the important factors to induce crime.In response to illegal lending,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,and the Ministry of Justice jointly issued the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending" in October 2019,which stipulated the criminalization of illegal lending.Apply the "crime of illegal business operations" to regulate illegal lending.The promulgation of the judicial interpretation clarifies the application of crimes and unifies the judicial power,which is helpful to solve the legal application of illegal lending in judicial practice,but there are still theoretical disputes about the regulations on illegal lending.These theoretical disputes mainly lie in which behaviors are involved in illegal lending,whether the application of “illegal business crimes”to regulate illegal lending is reasonable,and whether the penalties for illegal lending are appropriate,etc.These theoretical disputes still need to be addressed in illegal lending.Further in-depth research after the conviction of lending.Therefore,this article is based on the judicial interpretation provisions,combined with academic viewpoints to study and analyze the existing controversial issues,starting from the benefits and shortcomings of the application of the law,to explore the judicial status of regulating illegal lending;and proposes the addition of a separate "illegal lending".Suggestions such as the crime of“loaning crime” and the reasonable setting of penalties provide some ideas for improving the criminal system for punishing illegal lending,and to a certain extent solve the problems in legislation and justice.