“套路贷”犯罪行为及涉黑化问题研究

Study on the Criminal Behavior of “Routine Loan”and Underworld Involvement

"套路贷"犯罪是一种新型犯罪模式,其犯罪行为具有多样性,通常构成以诈骗行为为目的,其他为手段的牵连犯,但要注意敲诈勒索行为与诈骗行为存在互斥关系,应当结合具体实际进行事实判断。"套路贷"具有严密组织性以及暴力性,有一定的涉黑化倾向,因其危害性特征不符暂不属于黑社会性质组织犯罪,但仍需对其进行积极预防,避免行为进一步恶化。

The crime of“routing loan”is a new type of criminal model.Its criminal behavior is diverse.It usually constitutes the implicated offense with fraudulent act as the aim and others as means.However,it should be noted that there is a mutual exclusion relation between extortion and fraud,which should be judged in conjunction with specific reality.“Routine Loan”is closely organized and violent,and has tendency to be involved with underworld in certain degree.However,because their harmful characteristics do not conform to the organized crimes,it still needs to be actively defended to prevent further deterioration.