高利转贷罪处罚范围的合理限定  

Reasonable Limitation of the Punishment Scope of the Crime of Re-lending a Loan Usuriously

作　　者：吕行 Lv Xing

机构地区：[1]武汉大学法学院

出　　处：《学术前沿》2022年第5期108-111,共4页Frontiers

摘　　要：司法实务中存在着将一些难以认定为具有严重社会危害性的高利转贷行为认定为犯罪的现象,过度扩张了刑法的处罚范围。传统观点认为高利转贷罪保护的法益是信贷资金管理秩序,这与立法增设本罪时计划管理的信贷市场相符。而在信贷的市场化管理转型后,以信贷资金管理秩序作为本罪保护的法益难以符合如今我国的信贷市场状况。司法机关应秉持刑法适用谦抑的理念,将高利转贷罪保护的法益理解为金融机构的信贷资金安全,并在司法适用中依法限制认定。In judicial practice,there is a phenomenon that some usurious re-lending acts that are difficult to be determined as seriously harmful to society are recognized as crimes,which excessively expands the punishment scope of criminal law.The traditional view holds that the legal interest protected by combating the crime of re-lending a loan usuriously is the order of credit fund management,which is consistent with the planned credit market when the crime was newly added in legislation.After the market-oriented transformation of credit management,if the order of credit fund management remains as the legal interest to be protected by punishing this crime,it would be difficult to adapt to the current situation of China’s credit market.The judicial organs should uphold the concept of modesty in the application of criminal law,understand the security of credit funds of financial institutions as the legal interest protected by punishing the crime of re-lending a loan usuriously,and restrict the determination according to law in the judicial application.

关 键 词：高利转贷罪 法益 信贷市场 司法限制认定 

分 类 号：D924[政治法律—刑法学]