Judicial Determination Of "routine Loan" Behavior

"Routing loan" is a new type of crime that infringes on the property of the victim in the name of private loan.Since 2018,it has developed rapidly in China,and now it has evolved into a very harmful criminal crime.The crime of "routing loan" is mostly gang crime,among which there are many people involved in the case,and each participant in the crime obeys the unified leadership of the organizer and commits the crime according to the professional division of labor with a plan and purpose.Because of the concealment of such crimes,it is hard to crack down on them accurately.In order to punish the crime of "routing loan" according to law,effectively prevent a series of social problems caused by the implementation of the crime of "routing loan",it is urgent to accurately identify the nature of "routing loan" behavior.On April 9,2019,Opinions on Handling Criminal Cases of "Routing Loan"(hereinafter referred to as "Opinions")jointly issued by the Supreme People’s court,the Supreme People’s Procuratorate,the Ministry of public security and the Ministry of Justice(hereinafter referred to as the "two high and two departments"),which have improved and perfected the working mechanism of relevant trials and provided ideological guidance for judicial practice.However,due to the limited content of the provisions,there are disputes between the accuser and the defender about the nature of "routing loan" in the judicial practice.Starting from the case of China judicial document net,this paper analyzes the three most controversial issues in the judicial determination of the crime of "routing loan",that is,the determination of joint crime,the quantity of crime and the criminal pattern,puts forward my own views and opinions based on the typical cases,and strives to sort out a more clear context and thinking for the judicial trial of the "routing loan" cases.