“套路贷”犯罪作为近年来高发的一种犯罪类型，对整个社会的安定造成了巨大威胁，且具有一定的隐蔽性，引起了社会广泛关注。但“套路贷”的适用仍存在许多地方值得深入思考，如高利贷与“套路贷”的区分，对“套路贷”的认定标准以及存在的分歧与选择，如何将“套路贷”与民间借贷行为在行为目的、行为手段、危害后果等方面进行区分，“套路贷”涉及到的相关罪名间的区分，“套路贷”犯罪认定存在的问题如非法占有目的认定的扩张、对诈骗罪适用条件的扩张等。

本文围绕“套路贷”的刑法规制问题，重点讨论“套路贷”的概念、认定标准和罪名适用及其完善问题。全文的主要内容包括三章。具体内容如下：

第一章是“套路贷”的概念及其特征。该章重点探讨了“套路贷”的概念和基本特点，将“套路贷”犯罪与高利贷从行为目的、侵犯客体、法律后果等方面进行区分。在上述基础之上，分析了“套路贷”的几种存在形式，为规制“套路贷”犯罪做好铺垫。

第二章是“套路贷”的认定标准及其厘清。该章主要总结了几种对“套路贷”案件的认定标准，并通过对行为人的主观和客观两个方面进行分析，如犯罪主体特征，欺骗行为的认定，犯罪数额的认定，行为人主观上是否具有非法占有目的的认定，危害结果的认定，共同犯罪的认定以及关于既遂、未遂、中止的认定，从而进行标准的选择，进而更好地认定“套路贷”犯罪。

第三章是“套路贷”的适用罪名及其完善，该章结合相关真实的司法案例，对“套路贷”犯罪的定罪进行了深入的分析，发现其主要涉及以下罪名：诈骗罪、敲诈勒索罪、非法拘禁罪等。司法实践中主要以诈骗罪认定此类案件，但是通过研究发现，并不能一概而论，需要结合案件的具体情况对行为人的行为进行分析，防止违反罪刑法定原则。其他罪名的适用也是类似，应当分情况具体讨论，从而保障行为人的合法权益。在分析行为人涉及罪名的基础上，进一步分析了罪数的认定以及罪名认定存在的主要问题，结合相关问题，提出了完善意见，从而更好地规制“套路贷”犯罪。

本文通过对“套路贷”的概念、特征、认定标准、罪名适用等方面对“套路贷”犯罪进行了全面的分析，力求为今后办理“套路贷”案件的相关部门提供一些参考和依据。

 "Routine loan" crime, as a kind of crime with high incidence in recent years, poses a great threat to the stability of the whole society. But the application of the "routine is borrowed" there are still many places worthy of deep thinking, such as the loan shark and the distinction between "routine" loan, the standards of "routine credit" and the differences and choices, how to "routine is borrowed" and folk lending in the purpose of behavior, behavior means, such as harmful consequences for distinguish, "routine" loan involves the distinction between related charges, "routine is borrowed" crime problems identified, such as illegal possession purpose of expansion, the crime of fraud of the applicable conditions of expansion, etc.

This paper focuses on the issue of the regulation of the criminal law of the routine loan, focusing on the concept of the routine loan, the identification standard, the application of the charge and its perfection. The main content of the full text includes three chapters. The specific contents are as follows:

The first chapter is the concept and characteristics of "routine loan". This chapter focuses on the concept and basic characteristics of routine loan, and distinguishes the crime of "routine loan" from usury from the aspects of behavioral purpose, infringement object and legal consequences. On the basis of the above, this paper analyzes several existing forms of "routine loan" to lay a foundation for regulating the crime of "routine loan".

The second chapter is the identification standard of "routine loan" and its clarification. The chapter mainly summarizes several kinds of standards of "routine is borrowed" case, and through to the actor's subjective and objective two aspects to carry on the analysis, such as crime subject characteristics, the cognizance of deception, the cognizance of crime amount, actor subjectively whether have the cognizance of the purpose of illegal possession, the cognizance of harm result, the cognizance of joint crime and accomplished, attempted, about the cognizance of the suspension, and thus for the standard choice, thus better identified "routine is borrowed" crime.

The third chapter is about the applicable charges and their perfection of "routine loan". This chapter makes an in-depth analysis on the conviction of the crime of "routine loan" in combination with relevant real judicial cases, and finds that it mainly involves the following charges: fraud, extortion, illegal detention and so on. In judicial practice, this kind of case is mainly identified by the crime of fraud. However, it is found that the case cannot be generalized, and the behavior of the actor should be analyzed in combination with the specific situation of the case to prevent the violation of the principle of legality in criminal law. The application of other crimes is similar and should be discussed in specific cases to protect the lawful rights and interests of the doer. On the basis of analyzing the crimes involved by the actor, this paper further analyzes the identification of the number of crimes committed by the actor and the main problems existing in the identification of the crime. In combination with related problems, I put forward relevant opinions, so as to better regulate "routine loan" crimes.

This paper makes a comprehensive analysis of the crime of "routine loan" in terms of its concept, characteristics, identification standards and use of charges, so as to provide some reference and basis for relevant departments dealing with cases of "routine loan" in the future.