Research On Criminal Regulations Of "Routine Loan" Crime

In recent years,with the in-depth development of market economy,push forward the country’s financial system reform,the private lending increasingly active and various nongovernment financial activities,at the same time of financing for enterprises and individuals to provide conveniently,also produce all kinds of " financial innovation" banner of illegal and criminal activities,"routine loan" is a typical one."Routine loan" is a new type of crime in which the suspect and the defendant illegally occupy others’ property under the guise of private lending for the purpose of illegal possession.The appearance of illegal crime of "routine loan" has aroused the high attention of judicial organs.On April 9,2019,the Supreme People’s Court,the Supreme People’s Procuratorate,Ministry of Public Security and the Justice Department issued the "Opinions on Several Issues Concerning the Handling of Criminal Cases of " routine Loan "",the case has made specific provision,criteria for the conviction of overall fit "routine loan" crime situation and actual needs,but the rules more principled guidance from a macro level,is still difficult to solve the crime in the judicial practice and the cognizance of crime number problem.In view of this,the author takes "routine loan" crime of the criminal law regulation as the topic,divided into five chapters to elaborate.The first chapter clarifies the concept of the crime of "routine loan",fully expounds the behavior pattern of the crime of "routine loan",and the essential characteristics of "false creditor’s debt relationship".The second chapter,combining with typical cases and retrieved data,analyzes many dilemmas existing in the judicial determination of the crime of "routine loan",such as the unclear division between civil and criminal law,the confusion of charge determination,and the inconsistent standards for the determination of the number of crimes.In order to solve the problem of confusion in charge identification,the third chapter explains the boundary between "routine loan" crime and the crime of fraud.The traditional crime of "routine loan" has the property of invasion,which accords with the constituent elements of the crime of fraud.Victims knowingly type "routine loan" crimes,because the victim does not have a wrong understanding of the amount of repayment,it is not appropriate to determine the crime of fraud.There is no "voluntary disposition of property" in the court and the victim of the crime of "routine loan" of obtaining high debt through false litigation,which cannot be identified as the crime of fraud.In addition,the behavior of false litigation is tantamount to "fabricating the truth out of thin air",which advocates the conviction and punishment of the crime of false litigation.The fourth chapter analyzes the standard of the quantity of crime about the "routine loan" crime.It is necessary to keep track of the number of acts and decide whether to punish multiple crimes together or choose one felony based on the principle of infringement of the same legal interest.Finally,the author believes that under the current situation of our country’s active legislative view,it is necessary to add some crimes such as "infringement of interest" to specifically regulate "routine loan" crimes.which can not only fundamentally solve the problem of confusion in charge identification,but also reasonably and legally regulate the victim’s "knowingly-type" routine loan crimes.Public,procuratorate,and legal agencies must also perform their duties and take multiple measures,strictly review evidence,accurately grasp the distinction between civil and criminal cases in "routine loan" cases,and pierce the civil veil of "routine loan" crimes.Doing so can better protect citizens’ personal and property rights,promote the healthy development of inclusive finance,and maintain economic order and social stability.