The Research On The Crimes Of Illegally Granting Loans

The crimes of illegally granting loans include the crime of illegally granting loans to connections,illegally granting loans,and the crime of illegally using the funds absorbs from the clients instead of entering down into the account book as loans,which are all new crimes created by our criminal law. It is very necessary to make a thorough inquiry into this field. Based on the effective criminal code of our country,this paper studies the theory and practice of the crimes of illegally granting loans.The first part is the introduction of the operation,risk,and the fundamental theory of granting loans and the necessity of regulating these activities by using criminal laws. This part also introduces the legislation of our country and points out that we have set up the legal system of protecting granting loans,which consists of criminal laws,administrative laws,and civil laws.The second part lists the elements of the crimes. First,it discusses generally the characteristics of the crimes of illegally granting loans and defines their subject,object,subjective circumstances,and objective circumstances. Second,this paper demonstrates the four aspects of the crime of illegally granting loans to connections,illegally granting loans,and the crime of using the funds absorbs from the clients instead of entering down into the account book as loans respectively.The third part deals with the implementation of the criminal codes. It analyzes differences between the crime and non - crime,and the differences between the crimes and other similar crimes. Besides,this part studies some problems that may come up in practice such as the coincidence of articles and implicated offenders. The purpose is to provide a certain standard of correctly defining the crimes for judicial practice.The fourth part finishes the paper by discussing the criminal punishment of the crimes of illegally granting loans. It points out the justifications and patterns of criminal detention,fixed-term imprisonment,and fine respectively. Meanwhile,the author suggests some other problems regarding crimes committed by a unit to which we should pay attention and gives some advices on how to improve the regulation of the crimes.