套路貸的監管流變及其法律治理

Regulatory Evolution and Legal Governance of Elaborately-Planned Loans

透過分析「套路貸」監管政策的歷史流變，發現如今在這一寬泛的稱謂下包含各種不同類型的違法犯罪行為和高利貸合同，而這些行為本應由不同的法律加以評價。在地方政策制定者的解讀下，原本模糊的概念在法律適用中變得更加粗放，使得刑民界限出現異化。另一方面，試圖透過非法經營罪管控職業高利貸群體的思路反而加劇了「套路貸」犯罪的根源──民間金融供給的稀缺性。應當及時糾正運動式治理的傾向中刑事認定的擴張傾向，拓寬民事救濟和行政監管的管道規範債務催收行為，培育成熟的民間借貸市場以降低融資成本。

Through analyzing the historical evolution of the “elaborately-planned loans” regulatory policy, it is found that under this broad title there are various types of illegal and criminal acts and usury contracts, which should have been evaluated by different laws. Under the interpretation of local policy makers, the originally vague concept has become more extensive in the application of the law, resulting in the alienation of the boundary between the criminal and the civil law. On the other hand, the idea of trying to control the professional usury group through the crime of illegal business operation has instead intensified the root of the “elaborately-planned loans” crime, which is the scarcity of private financial supply. The expansion tendency of criminal identification in the tendency of campaign governance should be corrected in time, the channels of civil relief and administrative supervision should be widened to regulate debt collection, and a mature private lending market should be cultivated to reduce financing costs.