“校园贷”侵犯高校学生合法权益的刑法规制

The Criminal Law Regulation of "Campus Loan" Violating the Legitimate Rights and Interests of University Students

"校园贷"是一种互联网金融背景下针对高校大学生推出的消费借贷形式。它在放贷主体和对象、贷款获取方式和利率计算等方面都与传统借贷关系有别。近年来,"校园贷"因利用了大学生消费欲望强烈和囊中羞涩的心理落差,以及"低门槛""闪电贷"的便利得以"野蛮生长",但因借贷途径多样化和平台异化、网络技术安全监管存在盲区和通过法律维权的渠道不畅等因素相互叠加,从而导致诸多"消费陷阱",并且使贷款人沦陷于各种风险之中。亟待使用刑法手段,通过追究传播淫秽物品罪、敲诈勒索罪、强迫卖淫罪等方式,对这些乱象加以遏制。同时根据"校园贷"案件的特点,准确认定违法性阻却事由。在"裸条贷"交易链中,虽有被害人承诺的表象,但这种"他控型自陷风险"不能成为被告人的免责事由,应当严厉追究涉罪行为人的刑事责任。

"Campus loan"is a form of consumer loan for college students under the background of Internet finance.It differs from traditional lending in terms of subject and object of lending,way of obtaining loans and calculation of interest rates.In recent years,"campus loan"has been"barbaric growth"because of the strong desire of college students to consume and the shy psychological gap in their pockets,as well as the convenience of"low threshold"and"lightning loan".However,due to the diversification of lending channels and the alienation of platforms,the existence of blind areas in network technology security supervision and the inadequate channels through which legal rights are safeguarded,and so on.Overlapping each other leads to many"consumption traps"and makes the lenders fall into various risks.It is urgent to use criminal law to curb these disorders by investigating the crime of Disseminating Obscene goods,extortion and forced prostitution.At the same time,according to the characteristics of"campus loan"cases,we can accurately identify the causes of illegal obstruction.Although the victim's promise appears in the bare-bar loan trading chain,this kind of"self-trapping risk of other-accused"can not be the exemption of the defendant,and the criminal responsibility of the person involved in the crime should be strictly investigated.