“套路贷”犯罪模式解构与罪数问题探讨——基于两高两部“2019·04·09”《意见》

Crime Model Deconstruction and Crime Number of Trick Loan

"套路贷"犯罪过程的实施往往包含多种环节,触犯多个罪名。典型"套路贷"犯罪一般具有恶意签约、制造违约、垒高债息和不法索债四个环节,根据恶意签约环节和不法索债环节的行为是否触犯同一罪名为标准,可将"套路贷"犯罪分为触犯同一罪名和不触犯同一罪名两种犯罪模式。两环节行为触犯同一罪名时,属于同种数罪且不应该并罚,两环节行为分别触犯不同罪名时,应认定为牵连犯,择一重处。

The implementation of trick loan criminal process often involves multiple links and multiple offences. Typical trick loan crime generally has four links: malicious signing,inducing breach of contract,high debt and illegal debt. Whether the malicious signing link and the unlawful debt link violate the same crime is the standard to divide trick loan crime into two criminal modes, that is, committing or not committing the same crime. The former belongs to several crimes of the same kind of crime which should not be punished, while the latter violates different crimes which should be identified as implicated offence and be punished with one of the most serious crimes.