Judicial Determination Of The Crime Of "Talu Loan"

The crime of "taolu loan" is a new form of crime in which criminals intend to illegally occupy other people’s property in the name of private loan.Although it has only sprung up in recent years,it has developed rapidly from several prone regions to the most regions.The criminal acts of "taolu loan" are diverse,with many participants,strong concealment,and even the involvement of black and evil forces in crime,serious harm to personal rights,property rights and social management order.Starting with the notion of "taolu loan",this paper defines the differences between "taolu loan" and private loan,and expounds the behavioral steps and methods of the two behavioral stages of "taolu loan" crime.Then,three controversial identification problems are analyzed one by one with real cases.As for the calculate of the number of crimes of "taolu loan",the criminal acts include three behavior modes of "deception","threat" and "violence".With the discussion of cases,the possible crimes and the decision of the number of crimes under the three behavior modes are discussed;For the joint crime in the "taolu loan" crime,the identification of the principal and subordinate offenders in the case is not special,which should be identified according to the responsibility and position of the culprit in the crime.Such crimes may involve the organization of evil forces.The criminal organization should be strictly identified according to the standard of whether the criminal organization is in conformity with the evil forces’ organization.For the determination of the crime amount of this crime,it should be determined as an entirety.The money of completed crime and attempted crime should be calculated after the identification of the attempted form of "routine loan" crime.