The Research On The Criminal Law Of The Fraudulent Loan

There is a natural crisscrossing between the crime of contract fraud,crime of fraud and the behavior of loan due to fraud.How to judge this is always a difficult problem in theory and practice.In the provisions of the criminal law,there are various forms of fraud,including the crime of fraud,contract fraud,bill fraud,insurance fraud and so on.Practice,in the act of civil loan signed a contract for loan of money,when the borrower implemented fraud,finally unable to repay loan,also involves the distinguish of civil fraud and fraud crime problem,in the judicial practice,on the cognizance of such cases is different also,appear inconsistent between the case and case judgment,even the difference is very big.This is bound to lead to the arbitrary identification of fraudulent borrowing behavior.Therefore,it is urgent to define the crime of fraud and clarify the boundary between civil fraud and fraud.This paper discusses the Lu's loan fraud case involving the identification of fraud and related charges of discrimination.This paper is divided into the following four parts,a total of more than 24,000 words:Part one: introduce one,jeong fraud case "borrowing" the basic situation,and then summarizes the disputes occurred during the trial,that is not whether a repayment obligations as agreed in the loan contract crime,crime of what,and the right of real people borrow money and providing false right ownership certificate if the case constitutes a crime.On this basis,the article extracts the dispute focus of this case,that is,whether the person with close financial support to repay the loan on behalf of the person can deny the purpose of illegal possession of the doer,whether the failure to fulfill the repayment obligation according to the loan contract is a crime of contract fraud,whether the guarantee behavior of the real right holder forgery of documents can be regarded as a fraud means.The differences in the second part: on the basis of the theory of criminal law theory to analyze related issues of case: first of all,this paper analyzes the connotation of the purpose of illegal possession,and will eliminate the meaning as the main content,emphasize the core of the mean return to this affirmation by close relatives to pay legal significance,recognition such as close relatives has close economic support between person and person to repay the behavior;Then,from the different legal interests protected by different crimes,the crime of fraud and contract fraud are distinguished.The subjective and objective differences of the two crimes are analyzed.Secondly,it analyzes the meaning of the market economic order,the object of the crime of contract fraud,and holds that publicity is an important feature of the contract.Finally,this paper analyzes and discusses the qualitative analysis of the falsified property certificate provided by the real right holder,and points out that the overall behavior of obtaining the loan should be evaluated first,and then whether the behavior of falsifying documents needs to be evaluated separately.The third part: the use of the legal theory of the content of the analysis,combined with the specific circumstances of the case,summed up the qualitative of the case,that is,Lu's behavior is not established crime.The act of obtaining the loan is not guilty,and the act of providing forged false documents as the real right holder is also not guilty.The fourth part: according to the above analysis,draw the research inspiration of this case.First,in the distinction between civil fraud and criminal fraud,we should focus on the connotation of the purpose of illegal possession.The author thinks that restitution plays an important role in this regard.Among them,attention should be paid to the influence of those who closely support the economy.Second,it is combined with the characteristics of the market economic order public to understanding of crime of fraud of the contract in the contract,the contract itself is publicity,enter into a contract subject to market management main body,through the implementation of the contract behavior can disrupt to contract as the carrier of the market economic order,can grasp the distinction between crime and sin more points.Third,in the qualitative analysis of the real right holder's behavior of providing false certification documents,attention should be paid to the hierarchical analysis,and at the same time consider whether the plot is serious and other factors,in order to better evaluate the behavior.