浅议高利贷活动的刑法规制及犯罪侦查

Briefly Discuss the Restriction of Usury by Criminal Law and Crime Investigation

近年来,受国际金融危机和银行紧缩银根双重影响,社会面资金供需矛盾突出,高利贷活动趁势抬头、发展蔓延,呈愈演愈烈之势,对职业高利贷经营者,运用刑法进行规制打击,已刻不容缓、势在必行。对此类案件的侦查应牢牢抓住非法从事金融业务即犯罪嫌疑人未经银行监督管理部门批准这一主线,以犯罪嫌疑人向不特定的单位和个人发放贷款为切入点,以社会危害性为重要衡量标准,开展深入细致的侦查取证工作。

In recent years, under the influences of international financial crisis and banks＇ tight financial policies, the contradiction between the supply and demand of capital in society is so serious that usury takes the chance to spread and increase radically. Accordingly, it is urgent and necessary to restrict and combat the loan sharks by criminal law. The investigation of such cases should focus on the fact that the criminal suspects are illegally engaged in financial business without the permission of bank supervision departments and also should begin with criminal suspects providing loans to unspecified persons or enterprises, set social harms as a new measurement and go further to collect evidence.