“套路贷”及其衍生犯罪的逻辑展开

当前法规对如何认定与处置“套路贷”犯罪作了规范与要求，但对该类犯罪的衍生形态“套路借”犯罪的处罚却处于不明朗的状态，这在客观上会影响并制约对“套路贷”犯罪的打击效果。鉴于司法实践中存在问题，有必要对“套路贷”及其衍生犯罪的深层逻辑展开分析。利用逻辑具有结构性的特点，对“套路贷”犯罪的逻辑内涵、逻辑前提、逻辑构造进行深入研究，即对构成“套路贷”犯罪的结构要件与方式要件，以及确认此类犯罪的基础事实与特别事实，形式事实与内容事实展开分析。并由此发掘治理“套路贷”及其衍生犯罪的底层逻辑，即以行政规制为逻辑起点，以金融规制为重要环节，关注证据标准，明确违法与犯罪的区分，同时做好相关配套措施的改革与完善。

Logical Development of “Taolu Loan” and Its Derivative Crime

The current laws and regulations cover the identification and disposition of criminal cases of “Taolu loan” , but the punishment of “Taolu borrowing”crime, the derivative form of this kind of crime, is not clear, which will affect and restrict the effect of fighting against “Taolu loan” crime objectively. In view of the problems existing in judicial practice, it is necessary to analyze the deep logic of “Taolu loan” and its derivative crimes. Taking advantage of the structural characteristics of logic, this paper makes an in-depth study on the logical connotation, logical premise and logical structure of “Taolu loan” crime, that is, it analyzes the structural elements and mode elements that constitute “Taolu loan” crime, as well as the basic facts and special facts, form facts and content facts to confirm this kind of crime. Then, the underlying logic of governing “Taolu loan” and its derivative crimes is explored, that is, administrative regulation is the logical starting point, financial regulation is the important link, the standard of evidence as the focus, the distinction between illegal and criminal is clearly defined, and relevant supporting measures are reformed and improved.