规制涉罪民间借贷行为的困境与解决路径
The Dilemma and Solution Path of Regulating Criminal Private Lending Behavior

刑法规制涉罪民间借贷行为的困境主要体现为：刑法适用平等原则未得到全面贯彻、罪刑法定原则未严格遵循、罪责刑相适应原则未充分体现。困境出现的原因与保护民营企业的刑事政策落实难度大、空白罪状下罪名适用的不合理扩张、重惩处轻预防导致刑法过早介入有关。化解规制涉罪民间借贷行为困境的解决路径在于：一是在定罪量刑方面充分利用刑事政策的柔性空间，二是运用刑法解释技术增强空白罪状的明确性，三是以恢复性司法理念指导刑罚适用。
The dilemma of criminal law related private lending behavior is mainly reflected in: the principle of equality in the application of criminal law has not been fully implemented, the principle of criminalization of crime has not been strictly observed, and the principle of proportionality of criminal responsibility and punishment has not been fully reflected. The reasons for the dilemma are related to the difficulty of implementing the criminal policy to protect private enterprises, the unreasonable expansion of the application of crimes under blank crimes, and the premature intervention of criminal law due to heavy punishment and light prevention. The solution to the dilemma of regulating criminal related private lending lies in: first, make full use of the flexible space of criminal policy in terms of conviction and sentencing, second, use criminal law interpretation technology to enhance the clarity of blank crimes, and third, use the concept of restorative justice to guide the application of criminal punishment.