Research On The Determination Of Crime Of Defrauding Loan

The crime of defrauding loan is a new accusation of Amendment6of the People’s Republic of China, the full name of the crime is The Crime of defrauding loans, Bill Acceptance, Financial Bill, because this accusal is an alternative charge, the writer just studies on the Crime of defrauding loans. The newly-added accusal adopts the legislation mode of non-intent crime; it not only helps to solve the difficult problem of identification of illegality purpose of occupation in the judicial practice, but also expands the subject of the crime from the natural person subject to the natural person subject and the subject of unit crime. But meanwhile, this accusal also bring about many controversial problems such as demarcation line between the crime with the relevant crimes, the causality between the fraudulent act and obtaining loans, the cognize of the heavy loss and the emerging time of heavy losses.This thesis is divided into3Chapters, Chapter1is a general introduction of the accusal, analyze legislative background and constitutive requirements of the crime, about the legislative background of the accusal,pointing out the added of the accusal have many benefits it will adapt the development of economy,it helps to solve the judicial dilemma and perfecting criminal justice; about constitutive requirements of the crime, we discussed criminal object, the objective aspect of the crime, the subject of the crime and the subjective elements of crime, mainly discussing negative act can be the behavior way of the crime or not, natural person subject and the Subject of Unit Crime in which way can be of the crime and the causality between the fraudulent act and obtaining loan. Chapter2takes study on criminal pattern, demarcation line between crime and not crime, the difference between this crime and other relevant crime. Chapter3from the judicial practice, discussed the cognizance of the heavy loss and the emerging time of heavy loss, puts forward the identification criteria of the heavy loss and the emerging time of heavy loss, in this way,offering a operating criteria for the judicial practice.