Study On The Crime Of Credit Fraud

The Crime of Credit Fraud is the newly created crime in Amendment 6 to the Criminal Law. The Third Supplementary Regulation of the Supreme People's Court and Supreme People's Procuratorate of the People's Republic of China named the legal provision the Crime of Obtaining Loans, Bill Acceptance and Finance Vouchers. However, this paper advocates, the one of Clause 175 of Criminal Law should be identified as the Crime of Loan and Credit Fraud, which dissertates its constitution of a crime, its cessation forms, its joint criminal forms and one crime or several. The Crime of Credit Fraud is the act of getting bill acceptance, credit cards and letters of guarantee deceitfully which leads to financial organ suffering heavy losses or the act of serious circumstances. In the constitutive elements of a crime of the Crime of Credit Fraud, first, the paper discusses its benefits protected by Criminal Law, whose benefits protected by Criminal Law is the credit of financial organ. Second, the paper focuses on its basic structure, that is ,the perpetrator implementing the fraud—the staff falling into the wrong understanding in the financial organ—the staff in the financial organ accepting bills , drawing up credit cards and letters of guarantee because of the wrong understanding—the perpetrator or the third party getting bill acceptance, credit cards and letters of guarantee—the credit of financial organ suffering heavy losses. Then the paper dissertates its subjective sin , whose subjective sin is intention, with its will factor including hope and laissez-aller. As for the cessation forms of the Crime of Credit Fraud, the paper insists that the crime have completed forms, but don't exist unfinished forms. As to its joint criminal forms ,the thesis mainly dissertates the staff in the financial organ get bill acceptance, credit cards and letters of guarantee in collusion with the others. In the situation, the crime should be punished by the Theory of Duty Use. Finally, implicated offence and one imaginative joinder of offences between the Crime of Credit Fraud and other crimes are studied.