Abstract:The current laws and regulations cover the identification and disposition of criminal cases of “Taolu loan” , but the punishment of “Taolu borrowing”crime, the derivative form of this kind of crime, is not clear, which will affect and restrict the effect of fighting against “Taolu loan” crime objectively. In view of the problems existing in judicial practice, it is necessary to analyze the deep logic of “Taolu loan” and its derivative crimes. Taking advantage of the structural characteristics of logic, this paper makes an in-depth study on the logical connotation, logical premise and logical structure of “Taolu loan” crime, that is, it analyzes the structural elements and mode elements that constitute “Taolu loan” crime, as well as the basic facts and special facts, form facts and content facts to confirm this kind of crime. Then, the underlying logic of governing “Taolu loan” and its derivative crimes is explored, that is, administrative regulation is the logical starting point, financial regulation is the important link, the standard of evidence as the focus, the distinction between illegal and criminal is clearly defined, and relevant supporting measures are reformed and improved.
胡志风. “套路贷”及其衍生犯罪的逻辑展开[J]. 浙江工商大学学报, 2022, 36(4): 50-60.
HU Zhifeng. Logical Development of “Taolu Loan” and Its Derivative Crime. Journal of Zhejing Gongshang University, 2022, 36(4): 50-60.