高利贷与“套路贷”法律规制中的刑民分界问题

The Criminal and Civilian Boundary Issues in the Legal Regulation of Usury and “Routine Loan”

摘要: 近年来，我国金融市场繁荣，民间借贷形式越来越多样化，“套路贷”问题也随之产生。随着规范国家金融市场秩序和扫黑除恶行动的展开，司法实践中对“套路贷”的认定有过度扩大化的趋势。司法人员需要通过高利贷“套路”与“套路贷”的“套路”辨别，把握好民间借贷、高利贷与“套路贷”的刑民分界，将高利贷与“套路贷”做出良好区分，避免影响正常的民间金融活动。

Abstract: In recent years, the Chinese financial market has prospered, and private lending forms have be-come more and more diversified, and problems such as “routine loan” have also emerged. With the regulation of the national financial market order and the launching of national crackdown on gang crimes, the identification of “routine loan” in judicial practice tends to be over-expanded. Judicial personnel need to differentiate between “routine” and “routine loan” in usury, grasp the criminal and civilian boundary among private lending, usury and “routine loan”, making an elaborate dis-tinction between usury and “routine loan” to avoid affecting normal private financial activities.