试论涉“套路贷”民事纠纷的司法应对

On Judicial Response to Civil Disputes Involving "Routine Loan"

近年来,随着民间资本的涌现,“套路贷”这一新型名词频繁见诸报端,引发社会及舆论广泛关注,且有愈演愈烈之势。在逐年呈井喷式增长的民间借贷等纠纷中,不少案件背后隐藏着“套路贷”式样的违法犯罪行为。文章试从“套路贷”的概念来源入手,在对涉“套路贷”裁判文书样本分析的基础上,对司法实践中涉“套路贷”民事纠纷案件审理中存在的问题及原因进行探讨,以期对司法裁判提出类型化建设性意见。

In recent years, with the emergence of private capital, the new term "routine loan" has frequently appeared in newspapers, which has aroused widespread concern of the society and public opinion, and has become increasingly intense. Among the folk lending disputes which are increasing rapidly year by year, many cases conceal the illegal and criminal behaviors of "routine loan". Starting from the source of "routine loan" concept, this paper probes into the problems and reasons in the trial of civil disputes involving "routine loan", so as to put forward constructive suggestions on the categorization of judicial decisions.