Research On Judicial Cognizance Of Routine Loan Crime

With the continuous reform and development of our country’s market system and economy,the contradiction between the single mode of borrowing and the pluralistic demands of the people,and the people are more and more inclined to the non-governmental modes of financing and borrowing,in 2018,our country began the anti-gang and anti-evil special struggle,the set-up loan crime has become the key punishment of the type of crime.In 2019,the Supreme People’s Court,the Supreme Procuratorate,the Ministry of Public Security,the Ministry of Justice issued the“Opinions on certain issues concerning the handling of“Routine loans” in criminal matters”,which clearly defined the concept of“Routine loans” and other issues,the publication of the advice provides guidance to local judiciary on the handling of routine loan cases.In order to better apply the advice of“Routine loan” in judicial practice,we should start from the concept of“Routine loan”,clear the common means of the crime of routine loan.Second,the analysis of current cases in our country reveals that our country’s routine loan crime is a crime group centred on fraud,with characteristics such as more people with less punishment,an outbreak in 2019-2020,and a gradual 2021 in crime,in the process of judicial practice,there are some problems in the crime of routine loan,such as the vague boundary between the criminal and the people,the different choice of charges and the different standards of the number of crimes.Finally,in order to clarify the ambiguous boundary between the criminal and the citizen in the routine loan crime,we should clarify the nature of the routine loan crime and strictly distinguish usury,therefore,it is necessary to analyze and study the crimes involved,which is conducive to ensuring the fairness and justice of the judiciary.On the issue of the standard of determining the number of crimes,it is necessary to clarify the standard of determining the number of crimes in the case of routine loans,and it divides the crime number of routine loan into two kinds of situations to discuss them one by one,and clarifies whether there is any implicating or absorbing relationship among the various acts of routine loan cases.