Reflections On The Criminal Law Of “Routine Loan”

"Tuodai" is a compound crime of illegally occupying the property of victims by setting traps and taking illegal means in the name of folk lending.The pattern of such crimes has many similarities with high-interest lending.To correctly understand the nature of this kind of behavior,it is necessary to distinguish the boundary between civil and criminal punishment in order to prevent the legalization of illegal behavior.At the same time,this kind of behavior has a variety of modus operandi,and there is a mutual relationship between the means and behaviors carried out by the perpetrator and the purpose of the illegal possession of property.In terms of the identification and punishment of the crime,there are still differences in judicial practice on whether to impose a combined punishment for several crimes or choose one felony.Based on the current situation of criminal policy and economic development,it is necessary to regulate the behavior of "routine lending" by criminal law and make the charges involved in its behavior clear.Through the analysis of the concept of "routine loan",the nature of the crime is revealed that it covers the illegal purpose in the legal form,and the behavior pattern of the current "routine loan" crime and the problems involved in the criminal law regulation are studied,which is helpful to solve the identification of "routine loan" behavior in judicial practice.The accurate understanding of the concept of "routine loan" can be explained from two aspects of legal theory and judicial practice.The behavior pattern and characteristics are summarized,and the subjective purpose,infringing object,behavior means,legal consequences and other aspects of "routine lending" and high-interest lending are distinguished and explained.From the point of view of the current criminal law of our country,describing the current situation of criminal law regulation of "routine loan" is helpful to play the regulation role of criminal law.From the three aspects of infringement of personal rights,property rights,destruction of social management order and obstruction of justice,this paper explains the criminal law regulation of "routine loan" one by one,and summarizes the shortcomings of the current criminal law regulation of "routine loan" through comparative analysis.First,there is no direct and specific criminal law regulation on "routine loan",only after "routine loan" behavior has illegal consequences;Second,the constitution of "routine loan" crime has not made specific provisions,resulting in some cases failed to get timely and appropriate punishment;Third,due to the strong concealment of "routine loan" illegal behavior,and easily confused with the general usury loan behavior,and the legislation does not make a clear distinction between the two,resulting in a great difference in the punishment of "routine loan" illegal behavior.How to perfect the criminal law on "routine is borrowed" the effective regulation,in view of the current criminal law regulation of the "routine" loan is relatively backward,which can only be based on the crime results apply different,and it also means for criminal behavior person to achieve in the early period of the implementation of "routine" actions are neglected,it is also a criminal law pays attention to is punishment,rather than prevention and supervision,Therefore,in the framework of the existing criminal law,under the premise of strengthening the supervision of "routine lending" behavior,we should explore the combination of "prevention in advance" and strengthening the strength of judicial supervision.At the same time,relying on the existing criminal laws and policies,the number of crimes,the form of completion,the amount of crime of "routine loan" made specific identification standards.In addition,it is very necessary to strengthen the guiding role of typical cases and form a unified identification standard and discretion scale in judicial practice.