The Limited Application Of The Crime Of Fraudulent Loan From The Perspective Of Legal Interest

Although since implementing of the economic reform,the development of the financial industry development rapidly,but the financial bills and bill acceptance business of banks and other financial institutions is mainly concentrated in the economically developed eastern coastal areas.But in the slow economic development of the central and western regions,the main means of financing the banks and other financial institutions are still the loan business.Lawmakers to solve the deception to obtain loans have become increasingly rampant,and the judicial practice that the subjective elements of the crime of fraud of the loan and difficult problem,People's Republic of China in June 29,2006 by the ?criminal law amendment(six)? in the provisions of article tenth: the new crime,the non legislation mode,provide special protection for financial mechanism.With the introduction of the amendment of People's Republic of China amendment(six)in China,the academic debate on this crime has never been stopped.Some scholars try to solve the basic crime constitution of the crime of swindling loan from the aspects of the main body of the loan crime,subjective crime,objective behavior,the object of the crime,the object of the crime,the form of crime and the form of accomplice.On the other hand,the crime of fraud in judicial practice has become a very high rate of application in the identification of economic crimes.However,the criminal constitution of this crime,the judicial organs in the process of identification has no unified standard.This also caused the crime in the judicial process is often applied to expand the interpretation of some of the civil law and other departments should be adjusted by the lending relationship;this approach obviously violated the criminal law and the principle of legality,the crime in danger of being abused.For this reason,a number of scholars and practical workers have summarized the problems and errors in the process of judicial application of the crime of swindling loan,and put forward their own views and solutions.In this paper,we take legal interest as the starting point and focal point of the full text,discriminate the legal interests of the crime,and analyze and identify the serious losses,other serious circumstances and the application of the limitation of the crime in the perspective of legal interest and infringement of legal interests.In order to provide reference for the identification of the crime of fraud and the application of the limitation of the loan.