“套路贷”犯罪的刑法探讨

A Probe into the Criminal Law of the Crime of “Routine Loan”

随着经济和民间借贷领域的发展,金融犯罪领域出现新型犯罪——“套路贷”。“套路贷”衍生于民间高利贷但与高利贷有本质区别,严重破坏市场经济金融秩序,侵犯公民人身权利、财产权利,甚至严重破坏司法公信力和权威性,应当纳入刑事法律规制范畴予以严重打击。基于“套路贷”现象进行刑法分析,以期全面剖析“套路贷”刑法问题,更好规制“套路贷”现象,维护市场经济稳定性,保护公民合法权利。

With the development of the economy and the field of private lending, a new type of crime in the field of financial crimes—“routine loans” has emerged. “Routine loan” is derived from private usury but is fundamentally different from usury. It severely disrupts the market economy and financial order, infringes on citizens’ personal rights and property rights, and even severely undermines ju-dicial credibility and authority. It should be included in the scope of criminal law and regulation to be severely cracked down. Based on the “routine loan” phenomenon, the criminal law analysis is carried out in order to comprehensively analyze the “routine loan” criminal law issues, better regu-late the “routine loan” phenomenon, maintain the stability of the market economy, and protect the legal rights of citizens.