Research On The Criminalization Of Loan Sharking

Due to the continuous development and evolution of China's economy,the more prosperous private market plays a more and more significant role in it.However,in the process of diversified development,there are also many difficulties,among which the rampant usury activities are the most obvious.Related to the field of civil conflicts and criminal cases emerge in endlessly,which obviously can not promote the expansion of China's financial market,but also bring great restrictions to China's financial security.Although usury does play a role in promoting economic development,it also harms the lawful rights and interests of the borrowers,breeds crimes,and disrupts financial order.At present,there are different views among academics on whether to criminalize usury,and the current penal code is not clear on the issue.This has caused obstacles in punishing the activity.Some of them think that we should be charged separately,while others think that they have already been regulated by the crime of illegal business operation,and there is no need to re legislate.After the relevant argumentation,it is clear that the crime of usury lending should be established.Only in this way can we achieve a correct attack.The crime of high interest lending refers to those serious criminal acts that,in order to obtain high interest,violate the national financial laws and regulations,repeatedly lend usury to others(refers to the unspecified public),economic organizations and economic organizations,thus destroying the order of socialist market economy.Considering the problems caused by punishing usury under the crime of illegal business operation,it is suggested adding the crime of the usurious lending in the criminal code and punish serious lending activities that need to be investigated for criminal responsibility.The behavior is punished to reflect the principle of legality for a crime and the principle of suiting punishment for a crime.