Research On The Qualitative Problem Of "Routine Loan" Crime

With the rapid development of the market economy,the crime of "routine loan" has become one of the prominent problems affecting the legal order and social stability at the present stage.On the one hand,the "routine loan" harms the social and economic order and poses a serious threat to the people’s property and personal safety.On the other hand,it also poses severe challenges to the current criminal investigation,prosecution,trial and other work,which seriously damages the credibility of the judicial organs.On May 4,2018,the China Banking and Insurance Regulatory Commission in conjunction with the Ministry of Public Security,the State Administration of Market Supervision and Management,the People’s Bank of China,To effectively protect the legitimate rights and interests of the people,maintain the order of the market economy,prevent and defuse major risks,and promote the healthy development of normal economic and financial activities,jointly issued the notice on matters related to regulating private lending and maintaining economic and financial order.To regulate illegal and criminal activities of "routine loan",the Notice for the first time makes some targeted provisions from the perspective of regulating private lending.Subsequently,with the rapid development of private lending,in order to further accurately identify and severely punish the " routine loan " illegal criminals.In 2019,the Supreme People’s Court,the Supreme People’s procuratorate,Ministry of Public Security and the Ministry of Justice jointly issued opinions on several issues in handling criminal cases of "routine loan" and opinions on Some Issues concerning The Handling of Criminal Cases involving "Soft Violence",It is used to guide judicial organs to correctly apply laws and criminal policies when handling criminal cases such as "routine loan".In the current situation that the special Crime crackdown is in full swing,the Research on the Qualitative Problem of "Routine Loan" Crime,to sum up their typical characteristics and behavior patterns,and to make an in-depth study of the charges and crime patterns they may have committed.It is helpful to distinguish the difference between "routine loan" and ordinary folk loan,usury and campus loan in judicial practice.Help to correctly classify the sinister forces involved in the "routine loan",help the "routine loan" to qualitatively determine the punishment for crimes,and promote the construction of the rule of law to prevent the occurrence of "routine loan".The paper is divided into three parts.The first part is to clarify the concept of "routine loan" crime,including the concept,characteristics and specific behavior pattern of "routine loan".This chapter is divided into three sections: The first section summarizes and clarifies the definition of the "routine loan" crime,and introduces the provisions of relevant laws on "routine loan" so far.The second section analyzes the uniqueness of "routine loan" crime compared with other crimes from the aspects of subjective purpose,objective behavior and object of infringement.The third section summarizes the behavior pattern of "routine loan",from the two stages of setting up "debt" and illegal "debt",and summarizes and analyzes typical behavior patterns such as "Yin-yang contract","manufacturing default","conversion and reconciliation of accounts"," violent claim for debt " and "false lawsuit",laying a foundation for the following research.The second part is the discrimination of "routine loan" and similar concepts.This chapter is divided into two sections.The first section is the division of "routine loan" and usury.This paper demonstrates the differences between them in objective behavior,legal consequence and subjective purpose.The second section is the discrimination of "routine loan" and "campus loan".Focusing on the differences between them,the paper analyzes the differences between them from the perspectives of specialization of the target of campus loan infringement,"online" behavior mode,systematization of collection means,and pernicious result.By distinguishing the difference and connection between "routine loan",usury and campus loan in detail,it helps to define the "routine loan" accurately in judicial practice.The third part is about the qualitative analysis of "routine loan" crime.This chapter is divided into two sections.The first section is the analysis of the crimes involved in the "routine loan" case.The cases of "routine loan" are mostly joint crimes,involving several criminal ACTS and violating several criminal objects.The behaviors of "routine loan" are analyzed respectively from two stages of routine stage and debt claim stage.The possible crimes committed in each stage are analyzed and evaluated one by one,and typical cases are used to demonstrate.The second section studies the connection and legal definition of the crime of "routine loan" under the background of Crime crackdown.Firstly,the relationship between the special action of Crime crackdown and combating the crime of "routine loan" is expounded.On this basis,the definition of the situation involving crime of "routine loan" is further studied from the aspects of the subject of behavior and the intention of implementation,and the qualitative problem of "routine loan" crime under the current background of Crime crackdown is evaluated as a whole in the criminal law.