校园贷刑法风险及防范研究

The Criminal Law Risk of Campus Loan and its Prevention

校园贷是现代金融在高校延伸的产物,具有操作简便、门槛低、放款快的优势。自校园贷业务呈现爆发性增长态势之后,引起的学生自杀、被迫卖淫事件大面积发生。其刑事法律问题主要表现为借贷平台资质不合法、暴力催收引发的刑事犯罪、逼迫学生卖淫刑事犯罪,以及其他类型的诈骗犯罪等。应尽快督促立法,多管齐下,规范网络平台,学校也应加强管理,引导学生树立正确消费观,寻求校园借贷与校园安全之间的平衡。

Campus loan is the extension product of modern finance in colleges and universities.It has the advantages of simple operation,low threshold and fast lending.Since the explosive growth of campus loan business,a large number of suicides and forced prostitution cases have occurred.Its criminal legal problems are mainly manifested as illegal qualifications of lending platforms,criminal crimes caused by violent collection,criminal crimes of forcing students to engage in prostitution,and other types of fraud crimes.In order to find the balance between campus loan and campus security,it is necessary to urge the legislation and adopt a multi-pronged approach by standardizing network platform and strengthening the school management to help students to establish their correct consumption view as soon as possible.