Media talk about routine loan: pre examination can stifle crime in the bud.

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 Media talk about routine loan: pre examination can stifle crime in the bud.


Low interest, no mortgage, not buckle the car, such car mortgage loan looks very attractive, Chongqing citizen Li Xin moved heart, let him begin to expect, he encountered the hedge loan, the loss of more than 20 million yuan. Chongqing Yubei District peoples Procuratorate recently arrested 17 suspects in the citys first case of routine loan on suspicion of extortion. In recent years, the routine loan cases have been developing in a number of places. Arbitrage loan is an illegal and criminal act of illegal possession of public and private property, under the cover of private lending, through the virtual increase of debt, creating bank flow traces, unlawful identification of illegal coercion, coercion, false litigation and other illegal possession of public and private property. It not only directly infringes the property rights and interests of victims, but also induces other crimes that infringe upon the personal rights of citizens. According to media reports, some routine loans result in serious consequences such as dropping out of school, committing suicide, selling houses and paying debts, and bring about a series of unexpected social problems. There are many illegal and criminal offenses, which are harmful to public order and the order of financial management. Some even challenge judicial authority, impair judicial justice and need to be severely punished through criminal law. At present, in order to strengthen the law enforcement and judicial response, some special guidance for dealing with such cases, such as the work opinions on the handling of the criminal cases of hedge loan issued by the public inspection law organ of Shanghai, and the guiding opinions on the handling of the criminal cases of the hedge loan issued by the public inspection law organ of Zhejiang Province, are introduced in some areas. Wait. However, due to the lack of national level of response documents, the local government and law authorities only rely on a few local measures to combat it. It is not only difficult to effectively solve the problem of law enforcement and judicial differences, but also more difficult to produce the comprehensive governance effect of CO governance. In fact, it is facing many practical difficulties and obstacles to crack down on routine loans only through the criminal law. First of all, there is a problem of qualitative difficulties, such as how to use a number of successive means of illegal possession of the borrowers money, how to determine the behavior of a serious crime or a number of crimes, there is no conclusion. In addition, whether there is a common crime among the companies in the reconciliation company, and whether the behavior of the relevant personnel of the loan company can be identified as illegal operation is also controversial. In addition, it is more difficult to prove the problem. Because most borrowers lack the risk awareness, the hedge employees have a deep understanding of the way of crime, which leads to the lack of evidence to prove the means of crime, which directly causes many cases to be difficult to convict. The author believes that as a financial crime in the financial market, the hedge should not be punished only after the criminal law, but should pay special attention to the use of civil law and economic law, to standardize the financial subject itself, to build a more complete legal chain in advance, in event and after the event. Such serious cases of disrupting the financial order have become a malignant tumor that undermines the stability of the financial and social order. At present, due to the lack of forward-looking regulatory means and regulatory agencies, the regulation of hedge loan can only be carried out under the circumstances of the passive intervention of the judicial organs after the cases of related cases. As the illegal business in the financial market, the regulatory agency should review the business scope of the business and the compliance of the business itself, strengthen the risk prevention and control through pre supervision, and stifle the criminal offenses in the bud. The source of this article: surging news editor: Ji Xue Ying _NN6784 The author believes that as a financial crime in the financial market, the hedge should not be punished only after the criminal law, but should pay special attention to the use of civil law and economic law, to standardize the financial subject itself, to build a more complete legal chain in advance, in event and after the event. Such serious cases of disrupting the financial order have become a malignant tumor that undermines the stability of the financial and social order. At present, due to the lack of forward-looking regulatory means and regulatory agencies, the regulation of hedge loan can only be carried out under the circumstances of the passive intervention of the judicial organs after the cases of related cases. As the illegal business in the financial market, the regulatory agency should review the business scope of the business and the compliance of the business itself, strengthen the risk prevention and control through pre supervision, and stifle the criminal offenses in the bud.