The Qualitative Analysis Of The Borrower Behavior Using The Fake Real Estate License

As the real estate has become an important part of China's household wealth,the market transactions related to the real estate and all types of transactions making the real estate as its security have also become a major part to promote the development of the market economy.In the process of the rapid development of the real estate industry,some people use the fake real estate license as the security to cheat others to loan money for them.These behaviors not only impact the normal social management order,but also damage other people's property rights;moreover,it is the bottom line of violating the law.The behavior to get loans by using the fake real estate license refers to the actor as the owner of the house using the fake real estate license to borrow money from other people.In judicial practice,there are four claims for the action to loan money by using the fake real estate license: “not guilty”,“the crime of forging and trading state organs' documents”,“the crime of fraud” and “the crime of contract fraud”.People who think this action is not guilty hold the view that the actor using the fake real estate license to loan money is the owner of the property,his or her purpose of illegal possession is not very obvious,and the act can be regulated by the civil law,so it does not constitute a crime according to the criminal law.People who consider the action is forging and trading state organs' documents have the idea that the actor who uses the fake real estate license to loan money does not constitute the crime of fraud,but the act of forging property certificate does destroy the normal management order of the real estate registration administration agency,constituting the crime of forging and trading the state organs' documents.People who believe this action is fraud have the viewpoint that the action to loan money by using the fake real estate license has the purpose of illegal possession and conforms to the constitution of the crime of fraud.While people who make the point that the action belongs to contract fraud deem that the behavior to get loans by using the fake real estate license is happened in the process of practicing and signing the contract,thus it is consistent with the elements of the crime of contract fraud.These four kinds of theories are all from different perspectives,which have given the behavior to get loans by using the fake real estate license definitions.The definitions are relatively reasonable,but there are also some disadvantages.In order to better define the action to get loans by using the fake real estate license,some theoretical problems still need to be clarified,such as the definition of the “contract” in the crime of contract fraud and the definition of “illegal possession”.The first thing we need to do in defining the action to get loans by using the fake real estate license is to analysis whether the actor has the purpose of illegal possession of other people's property.If the actor does not have that aim,then the behavior of forging and trading of the real estate license can be identified as the crime of forging and trading the state organs' documents.If the actor has the purpose of illegal possession,then we need to analysis whether the action to loan money by using the fake real estate license and forging the real estate license is the method act and objective act.If the action constitutes the method act and objective act,the actor should be heavily punished as the implicated offender;on the contrary,he or she should be punished with many crimes.