The number of cyber "trick loan" crime has been on the rise year by year,the number of cases has shown an explosive growth.Compared with the traditional "trick loan" crime,the cyber "trick loan" crime takes advantage of the Internet as a medium,which has more serious social harm,and the whole criminal process is more hidden,which brings greater challenges to the regulatory authorities.The cyber "trick loan" case involves many charges,among which the fraud case is the most numerous and the most typical.The common forms of cyber "trick loan" include cash loan,campus loan,mortgage,car loan and so on,and all kinds of new criminal means emerge in an endless stream.This paper sorted out the first-instance cases of fraud including cyber "trick loan" published on the "China Judgment Document Network" from 2017 to 2020,and collected the defendants’ gender,age,education,occupation,joint crime,previous convictions,as well as the information of the court of justice,means of debt collection,amount of crime,penalty and so on.This paper analyzes the subjective characteristics of the fraud including cyber "trick loan",for example,most of the defendants are unemployed young men,commit crimes in the form of joint crimes and their qualification is relatively low,a few of the defendants have a criminal record.At the same time,the objective characteristics of such cases,such as obvious geographical characteristics,a large number of victims,various means of debt collection,the amount of money involved in the case,the punishment is relatively light.According to the characteristics of the empirical analysis of the fraud including cyber "trick loan",this paper analyzes the deep-seated causes of such crimes from four aspects: the subject of the crime,the object of the crime,the application of the law and the social governance.According to the characteristics and causes of cyber "trick loan" fraud crime,this paper puts forward targeted measures to deal with: First,strengthen publicity and education,improve the ability of employment;Second,set up the correct consumption concept,improve the risk consciousness;Third,to promote the application of law and establish judicial authority;The fourth is to standardize the lending market,strengthen supervision,in order to reduce and prevent the cyber "trick loan" fraud crime target. |