平和手段型“套路贷”行为定性研究

A Qualitative Study of the Behavior of“Routine loan”by Peaceful Means

“套路贷”是在民间借贷需求增多背景下产生的新型犯罪,有暴力威胁与平和手段两种类型。对于后一类型,借款人并未受骗,之后借助诉讼方式索“债”,法院亦未受骗,只是基于裁判准则作出居中裁判,故应认定为虚假诉讼罪,而非诈骗罪。打击“套路贷”应坚守刑法的谦抑性。立法上,现行法律已有规制,无需增设新罪;司法上,司法裁判要坚持罪刑法定原则的底线。

“Routine loan”is a new type of crime under the background of increasing demand for private loans,which has two types of violence threat and peaceful means.For the latter type,the borrower has not been deceived,and then by means of litigation to claim“debt”,the court has not been deceived,but based on the criteria for the decision-making,it should be found to be a false litigation crime,not a fraud crime.Combating“Routine loan”should adhere to the modesty of criminal law,on legislation,the existing law has been regulated,there is no need to add new crimes;Judicially,the judicial decision should adhere to the bottom line of the principle of criminal law.