Abstract：“Fraud Loan” is a new criminal phenomenon that started to appear recently. Its basic form is fraud, but more than ten types of crimes such as provocation, forced trading, extortion, robbery or kidnapping may be committed just because of the diversity of ways of obtaining property. To identify the number of crimes convicted by “Fraud Loan”, three principles should be adhered to. Firstly, all acts of the perpetrators should be evaluated comprehensively so as to maximize the protection of legal interests. Secondly, it is necessary to prohibit repeated evaluation to protect the human rights of the accused. Thirdly, we should make an overall evaluation to conform to the cognitive regulation. When the act of purpose and means of the perpetrators violate different crimes respectively, the heavier one should be chosen. Those who directly “claim debt” through violence, coercion, kidnapping, etc., are escalated into serious crimes such as robbery and kidnapping. If perpetrators violate other legal interests of the victim in addition to the crime of property, they will also be punished for multiple crimes.
梅传强 张嘉艺. “套路贷”犯罪罪数认定问题探析[J]. 浙江工商大学学报, 2020, 34(2): 52-62.
MEI Chuanqiang ZHANG Jiayi. Analysis on the Quantity of Offence of "Fraud Loan". Journal of Zhejing Gongshang University, 2020, 34(2): 52-62.
2020, Vol. 34 
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