Research On Criminal Law Regulation Of "routine Loan" Crime

"Routine loan" originated from private lending activities,and began to appear and develop rapidly in China.The crime plan is comprehensive and well-organized.Usually,the victim can't detect it in time and won't report the case immediately,which makes it very difficult for the reconnaissance organ to collect evidence in practice.It's difficult for the law to make a quick response to this kind of crime,and this kind of crime will not only seriously damage the loan People's interests will also greatly threaten the normal order of society.In fact,the "routine loan" is a kind of crime in the guise of private loan,which can achieve the purpose of illegal possession by means of falsely increasing the loan principal,balancing the debts of the borrower with the transfer order and so on."Routine loan" originated from usury,so there are many similarities between them on the surface,but there are fundamental differences in the purpose of behavior,the object of infringement,the means of behavior and so on."Routine loan" has great social harmfulness.It is in line with the principle of modesty and restraint of criminal law to restrict it with criminal law.Under the current legal background,the behavior mode of such crimes can find the corresponding charges in criminal law.Therefore,the regulation by criminal law has certain theoretical basis.At present,the state's highest judicial organ and local judicial organs at all levels have successively issued judicial interpretation and guidance on the issue of "routine loan",which provides a certain basis for the application of "routine loan" cases.At present,the judicial organs pay more and more attention to this kind of crime,and begin to deal with and crack down on it.The crime of "routine loan" has been greatly curbed,but there are some problems in principle and fuzziness in the existing provisions.It is still difficult for the local judicial organs to deal with the case of "routine loan" in the specific application,which provides a reference direction for our country to crack down on the crime of "routine loan".In practice,there are many difficulties in the application of criminal law.In terms of accusation identification,according to different specific acts,the main crimes involved are fraud,extortion,illegal detention,provocation,etc.it is necessary to distinguish different situations as a whole,and determine the accusation according to the facts of the case in accordance withthe law.To discuss the number of crimes of "routine loan",the whole act can be divided into two parts: "fraud" and "debt collection".According to the nature of the two acts,combined with the relevant provisions of criminal law and judicial interpretation,the combined punishment of several crimes or the alternative punishment can be determined.In addition,to determine the accomplice problem of different members of the "routine loan",to determine the crime form and crime amount,we need to find out the evidence,combine the specific circumstances of the case to achieve the overall evaluation of the case,and achieve the purpose of regulating the "routine loan" crime.