Author: Liu Renwen and Liu Wenzhao

Abstract: With respect to the concept of “trap loan”, there is a debate between the proponents of the narrow definition and the proponents of the broad definition. The former equate “trap loan” with criminal behavior, while the letter believes that “trap loan” is not equivalent to criminal behavior. In the identification of “trap loan”, the broad definition needs to be adopted. The reason for this is that this definition can not only integrate multiple legal relationships, but also unify the standards of criminal acts and charges, and better fulfill the needs of the special campaign against “criminal gangs”. Taking this concept as the guidance is more conducive to delimiting the criminal circle of “trap loan”, accurately identifying the purpose of illegal possession, and reasonably determining the amount of crime.

Key Words: “trap loan”; illegal lending; principle of legality; purpose of illegal possession

Author: Liu Renwen, a research fellow and the head of the Criminal Law Department of CASS Law Institute and a doctoral supervisor at the Law School of University of CASS; Liu Wenzhao, a Ph.D. candidate at the Law School of University of CASS and a procurator at the First Division of the People’s Procuratorate of Tianjin Municipality.

Source: 4 (2021) Law-Based Society, pp. 26-37.