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近年来,高利贷现象死灰复燃,并呈蔓延之势。在《中国人民银行关于取缔地下钱庄及打击高利贷行为的通知》中规定,高利贷不受国家法律保护,还要严厉打击,可知高利贷属于违法行为。然而我国刑法对高利贷并没有明确具体的规定,导致我国司法机关在规制该行为时适用法律时的不一致。本文在分析高利贷的巨大社会危害性的基础上,从立法角度阐述了适用《刑法》规制高利贷的必要性。最后,从罪刑法定原则和罪刑相适应原则的角度论证了以非法经营罪规制高利贷的合法性,并提出个人见解。
In recent years, the loan-sharking phenomenon resurfaced and showed a tendency to spread. In the Notice of the People’s Bank of China on Banning Underground Banks and Cracking Down on Usury, weed lending is not protected by state law and must be cracked down. We can see that loan sharking is illegal. However, China’s criminal law does not have any specific and specific provisions on usury, which leads to inconsistencies in the application of law by our judiciary in regulating the act. Based on the analysis of the huge social harmfulness of loan-sharking, this article elaborates the necessity of applying “Criminal Law” to regulate usury from the legislative angle. Finally, from the perspective of the legal principle of crime and punishment and the principle of adapting to crime and punishment, the author argues that the regulation of usury should be based on the principle of crime of illegal operation and put forward personal opinions.