On The Criminal Law Regulation Of Illegal Lending

Folk lending behavior plays an irreplaceable role in promoting the circulation of private funds and economic development.However,in the process of development,due to its essence of pursuing pursuit and dislocation,a large number of lending behaviors deviated from the original intention of folk lending appeared in many places.Some people make loans at the interest rate beyond the national regulations,which has objectively formed the illegal financial business of making for-profit loans without approval from relevant competent departments and without obtaining the relevant legal qualifications.Once the act constitutes illegal lending,it will not only directly harm the property rights of the borrowers,but also impact the financial management order of our country.Moreover,problems such as violent collection or crimes committed by evil forces bred by illegal lending will also affect the personal of borrowers or social order.In order to effectively crack down on illegal lending and solve the problem of identification and application of illegal lending in judicial practice,Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending implemented in October 2019,regulate the behavior of professional lending with Crime of illegal business operation and provide a clearer standard for determination.However,this opinion still has different understandings and practices in terms of lending subjects and lending targets.From the perspective of the nature of the crime of illegal business operations as an administrative crime,since it is impossible for the private business to provide professional loan sharking to obtain the state’s administrative license,there is no prerequisite for violating the state franchise regulations required for the establishment of the crime of illegal business operations;moreover,The legal interest infringed by illegal lending should belong to my country’s financial management order,not the order of my country’s market economy in the section on illegal business crimes.The use of illegal business crimes for regulation has led to the actual infringement of the legal benefits and the inability to protect the legal benefits of the crime.The corresponding situation.Regarding the application dilemma of the crime of illegal business operations,the academic community also questioned that this treatment is an analogy interpretation.In the face of the question of the regulation of illegal lending by using the crime of illegal operation,We should learn from the foreign criminal law’s mode of separately setting charges for similar behaviors.Based on the current situation of China’s economic development,the legislative policy is becoming more active and the trend of lighter punishment.In the section of the crime of destroying financial management order,the Crime of illegal business is set up separately as the Crime of usury,which can meet the requirements of criminal law with clear legal benefits,clear crime and proper punishment.And it can reduce the doubts raised by the theoretical circles on the "pocket crime" of the Crime of illegal business crime.