According to the related cases of routine loan on the Internet of Chinese judicial documents, such cases are more prominent in terms of car loan, house loan and campus naked loan. The operation process of this kind of crime is highly similar with obvious characteristics, mainly including the following steps:
First, identify specific goals. Focus on minors, school students, retirees, people in need of money and other groups, and attract potential customers by publishing various loan advertisements through self-Media or intermediary.
Second, to create the illusion of private lending by means of cajoling and coercion. Routine loan personnel will take advantage of the psychology of the borrower in urgent need, even coax and deceive, or even intimidate the borrower, and sign the contract far beyond the actual amount of the loan.
Third, falsifying bank current accounts. After the conclusion of the contract, after the victim borrows money to the account, the remittance shall be cashed out and partially returned immediately, creating the illusion that the loan has been delivered to the victim.
Fourth, unilateral manufacture and determination of breach of contract. When the repayment period is near, the lender will often be mysteriously missing, which makes the borrower unable to repay and forced to breach the contract. Once the borrower breaches the contract, the lender will immediately ask the borrower to repay and bear the liability for breach of contract.
Sixth, both hard and soft debt collection. In case the victim is unable to pay, the means of nuisance, threat, violence, mob building, etc. shall be used to collect debt endlessly, or the complete evidence chain manufactured by the victim shall be used to bring a lawsuit to the court, etc., to pressure the borrower or its close relatives, so as to realize the lawful means of occupying the borrowers property.
The crime of arbitrage loan infringes on the legal interest of property, which seems to have certain legitimacy on the surface, and it is difficult for the court to deal with it. The appearance of a civil case is the evidence on file. The evidence rules and trial time limit require the judge to close the case within the prescribed time limit. The neutrality and passivity of judicial judgment also forces most cases of arbitrage loan to be handled according to civil debt disputes. According to the objective evidence provided by the loan company, the judge examined the evidence and cross examination. After that, the borrower could not prove that it was a contract concluded under the premise of coercion and coercion. According to the rules of civil procedure, the borrower would bear the adverse consequences. According to the facts found out in the case, the judge quotes the current legal norms and makes a civil ruling according to law. Such a typical syllogism of facts, laws and conclusions is also in line with legal and reasonable principles. This makes the borrowers of routine loans often fall into the dilemma of no public remedy and no private remedy.
Relevant evidence standards with strong operability need to be formed
To curb the routine loan and achieve the effect of treating the symptoms and root causes, it requires the participation of government regulatory departments, judicial organs, financial institutions and the public to work together to play the three board ax.
The second is the effective connection between the criminal and the people to form a joint force in the fight. In order to crack down on the crime of routine loan, the public security organ should strengthen the connection mechanism with the peoples court, strengthen communication and cooperation, deeply and efficiently excavate the supervision clues of civil false litigation, use big data, strictly control the network, and comprehensively study and analyze. The public security organs should actively take actions to claim debts by violence, illegally invade other peoples houses and intentionally hurt others, deal with them according to law, strive to crack a number of typical cases by combining points with areas, deter and severely punish criminals according to law, and form a situation of high-pressure attack. In the trial of civil lending disputes, the peoples court should strictly distinguish the civil lending behavior and fraud and other criminal behaviors, effectively improve the vigilance of routine lending fraud and other criminal behaviors, strengthen the screening of civil lending behavior and fraud and other criminal behaviors, and timely transfer the suspected illegal criminal clues and materials to the public security organ for handling according to law. At the same time, the procuratorial organs should strengthen the responsibilities of public prosecution and legal supervision, so as to ensure the full coverage of law enforcement and judicial process in cracking down on the crime of routine loan. The three organs of public prosecution and law should form a joint force, so as to achieve the work pattern of accurately and efficiently cracking down on the crime of routine loan and maintain the stable and orderly development of society.
Third, we should strengthen the publicity of the legal system and enhance our awareness of self-defense. Street community and other grass-roots organizations should strengthen the publicity of routine loan, implement the concept of people-centered, do a good job in warning education, and put forward targeted risk tips and Countermeasures for high-risk people. It is suggested to establish a legal column in residential communities and enterprises, invite lawyers, prosecutors or judges to regularly hold law popularization publicity activities, popularize relevant legal knowledge to the masses in the form of case statements, improve the legal awareness of the public on the screening and self-protection of routine loan fraud, guide the public to consciously resist routine loan, enhance the self-protection awareness of the masses Risk awareness, to achieve a long warning. At the same time, we should fundamentally improve financial services, strengthen supply side structural reform, develop credit products for different groups, effectively dredge channels for financial institutions to serve the real economy, eliminate the tension between supply and demand of credit funds, solve the problem of difficult and expensive financing for individuals and small and medium-sized enterprises, and eradicate the breeding ground for arbitrage loans.
Source: responsible editor of 21st century economic report: Yang Zeyu