Study On Judicial Determination Of Fraud Crime In "Loan Snare" Crime

With the rapid development of China’s economy and society,market subjects have an increasing demand for financing.However,the loan threshold of major banks is gradually increasing,which gives some "Usury" activities an opportunity to break away from national supervision and gradually derives new illegal crimes of "Loan Snare" type with bad influence.Since the rise of "Loan Snare" in 2017,due to its rapid development and bad social impact,it has attracted the attention of all sectors of society.However,according to the judicial interpretation issued by the courts at all levels,there is a deviation in the understanding and application of the law,which leads to the unclear application of law in the trial practice.This paper focuses on the problems in the judicial recognition of the fraud crime as the main charge in the "Loan Snare" crime,that is,the confusion of criminal fraud and civil fraud,the disunity of the standards when identifying the crime of fraud,the crime of fraud and false lawsuit,and the crime of extortion are easily confused in practice.In view of the above problems,the author thinks that the constitution of crime must be strictly in accordance with the criminal law,and the behavior characteristics of "Loan Snare" can not replace the constitution of crime.For identifying the crime of fraud,the subjective aspects of the perpetrator and the victim should be judged differently.For the subjective purpose of the perpetrator,the way of "criminal presumption" can be adopted,and for the victim’s subjective cognition error,the way of listening to the victim’s statement can be adopted.If the victim promises to give up the interests of property law,according to the secondary principle of criminal law,he should not interfere in the autonomy of the parties’ will,and the perpetrator does not constitute a crime.For the criminal fraud,but mainly to take "soft violence" means of coercion of the "Loan Snare" case,the victim did not fall into the wrong understanding and the delivery of property,should be identified as the crime of extortion.As the false litigation in the case of "Loan Snare" is for the realization of creditor’s rights and the purpose of encroachment on money,the false litigation has been established as the crime of false litigation,which is considered as a felony in competition with the crime of fraud.