There is no clear provision in China's Criminal Law for"loan arbitrage",which is not a strict legal concept.It is only a summary evaluation of the characteristics of some new types of"financial invasion"criminal behaviors in judicial practice.How to accurately evaluate,reasonably define,and effectively regulate them is still in the early stage of discussion.The crime of"loan scams"is often intertwined with crimes committed by black and evil forces,with characteristics such as fixed charges,diverse means of criminal behavior,and high social harm.There are many controversies in the current academic and practical circles regarding the judicial determination of criminal cases related to"loan fraud",mainly manifested in the aspects of crime and non crime,charge determination,property determination,and legal crackdown.Through empirical analysis of the current situation of"loan arbitrage"crimes in the past two years,propose countermeasures and suggestions for the determination of crime and non crime,charge determination,and crime amount in the judicial application process.
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