Research On The Some Difficult Problems About The Crime Of Financial Fraud

Determining unit loan fraud behavior as the crime of contract fraud violates the legal principle of crime and punishment; determining the loan fraud behavior of the directly responsible personnel in charge and other persons directly responsible for the unit loan fraud behavior as the crime of loan fraud is in accordance with the constitution of the crime of loan fraud.For the meaning of the purpose of illegal possession, we should take the view of "the removal of possession" and "permanent deprivation of others property". The purpose of illegal possession is the subjective element of financial fraud crime. Financial fraud crime can not be composed by indirect intention. The person has the purpose of illegal possession after obtaining the property of the victim, the person’s behavior still may constitute the financial fraud crime. We should take the method of presumption of fact in order to identify the purpose of illegal possession of financial fraud crime.The conviction of joint crime of financial fraud by collusion between the financial institution’s staff and external people should be based on the perpetrating act that is the most main reason to the harm result of joint crime. Accordingly, in general, the joint crime of financial fraud by collusion between the financial institution’s staff and external people should be identified as the corruption of offence or the crime of official embezzlement, but in some cases, the joint crime of financial fraud by collusion between the financial institution’s staff and external people should be identified as the financial fraud crime.It is the coincidence of law articles between the financial fraud crimes and the fraud crime. There is the coincidence of law articles or the imaginative joinder of offenses between the financial fraud crimes and the contract fraud crime. It is the imaginative joinder of offenses between the loan fraud crime or the raising funds fraud crime and the other relative financial fraud crimes. It is the inclusive offense between the financial fraud crimes and the forging or altering financial bills crime. It is the inclusive offense between the financial fraud crimes and the stealing financial bills crime.The paper studies the behavior structure of the crime of raising funds fraud and the quantity and form of crime about the crime of raising funds fraud. First, the paper analyses the behavior structure of the crime of raising funds fraud, and thinks that it is the compound behavior and it is not belong to the implicated offense and the combinative crime. Secondly, the paper analyses the quantity and form of crime between the crime of raising funds fraud and other fraud crimes violated by means behavior of the crime of raising funds fraud, and thinks that it is the coincidence of law articles or the imaginative joinder of offenses. Once again, the paper analyses the quantity and form of crime between the crime of raising funds fraud and other crimes of illegally raising funds violated by objective behavior of the crime of raising funds fraud, and thinks that it is the imaginative joinder of offenses. Finally, the paper analyses the quantity and form of crime between the crime of raising funds fraud and other related crimes, and thinks that it is the implicated offense. The amount of the crime of raising funds fraud should be based on the actual amount of income. The juridical practice of the criminal law of our country should adopt the rational choice to apply carefully the death penalty of the crime of raising funds fraud.This paper focuses on three controversial issues in the bill cheating crime. First, this paper all-roundly interprets the meaning of’use" in the bill cheating crime. Second, this paper fully expounds and proves the view that the use of false bills to pay the price of fraud behavior after obtainning the opposite party belongings can also constitute the bill cheating crime. Third, this paper puts forward reasonable and feasible treatment principles on how to decide the charge when the bill cheating crime concurs with the contract cheating crime, and thinks that it is the imaginative joinder of offenses.The letter of credit fraud crime is consequential offense and the standard of this crime accomplished ought to be that the doer has obtained "certain amount" property."Defrauding letter of credit" not only should include deceiving the issuing bank or the applicant for the letter of credit, but also should include cheating other people holding true and effective letter of credit; as long as the behavior "defraud letter of credit" for the purpose of illegal possession, it is enough to constitute the letter of credit fraud crime, but this crime accomplished must have the action of using the letter of credit by the behavior; defrauding letter of credit may be identified as the letter of credit fraud crime, the crime of defrauding financial coupons, or civil fraud. Defrauding "packaged loans" have three kinds of situations, but they all are that an act violates the letter of credit fraud crime and the loan fraud crime, which belongs to the imaginative joinder of offenses.The "credit card "of the credit card fraud crime including the debit card is the result of extensive interpretation. Cheating and using others’ credit card may exist in the three behavior qualitative situations:the fraud crime; the credit card fraud crime; the imaginative joinder of offenses between the fraud crime and the credit card fraud crime. Using secretly the customers’ credit card is the "using falsely others’ credit card" of the credit card fraud crime. Using others’ credit card in the ATM machine after picking others’ credit card and password is the "using falsely others’ credit card" of the credit card fraud crime. Using others’ operable credit card forgotten in the ATM machine is the "using falsely others’ credit card" of the credit card fraud crime. Stealing and using others’ credit card should be identified as the credit card fraud crime. The behavior person thinks that the credit card stolen and used by the behavior person is the valid credit card, but in fact the credit card stolen and used by the behavior person is the forged, invalid credit card or the credit card got by using false proof of identity, the behavior person’s behavior should be identified as the credit card fraud crime; the behavior person knows the credit card used by the behavior person is the credit card stolen by other person, the behavior person’s behavior should be identified as the credit card fraud crime; the "use" of "stealing and using others’ credit card" does not include the cases such as sale, transfer, lease of the credit card. The action which makes use of the faulty of ATM machine to draw money should be identified as the fraud crime.Impostor fraud behavior to defraud insurance money should be determined as the crime of insurance fraud; that the dormant policy-holder and insurant defraud insurance money should be determined as the crime of insurance fraud; making use of the policy-holder,the insurant or the beneficiary who is ignorant to defraud insurance money should be determined as the crime of insurance fraud; that the insurance, the insurance broker, the insurance agent,etc defraud the policy-holder,the insurant, or the beneficiary should be defined as the crime of fraud; the scope of the subject of the accomplice of the crime of insurance fraud is not limited. The performances of fabricating the insurance object are as follows:fabricating the non-existent subject-matter as insurance object; malicious excess insurance; malicious double insurance; fabricating insurable interest; fabricating the unqualified object as qualified insurance object; the insurance after the insurance accident occurred. To take cognizance of starting the implementation of the crime of insurance fraud, should adopt the view that the behavior starts the implementation of one of the five statutory conducts of the crime of insurance fraud.From the perspective of legislative technology, we should improve the legislation about the crime of financial fraud from the following aspects:adding the supplementary type of behavior in the bill cheating crime,ect; adding the provisions of "large amount" in the letter of credit fraud crime; turning the "defrauding letter of credit" to the "defrauding and using letter of credit" in the letter of credit fraud crime; adding the unit crime of the crime of loan fraud,ect; deleting the provisions of limiting the subject of the crime of insurance fraud to the policy-holder,the insurant or the beneficiary; deleting the provisions of "the purpose of illegal possession" in the crime of raising funds fraud,ect; deleting the provisions of "knowingly" in the bill cheating crime; deleting or modifying the provisions of" stealing and using others’ credit card "; canceling the minimum amount of fine in the crime of financial fraud; adding fine as an additional punishment in the crime of insurance fraud; increasing the maximum penalty in the crime of insurance fraud.