Study On The Judicial Determination Of The Purpose Of Illegal Possession Of Loan Fraud

With the rapid development of the social economy,economic fraud crimes have emerged one after another.The purpose of illegal possession is an important component of the crime of loan fraud.At present,the law on the purpose of illegal possession is not clear,and there are several problems in the judicial practice.Therefore,the purpose of studying the illegal possession of loan fraud can guide the identification problems that arise in practice.By screening the sample cases of the Chinese refereeing paper network and analyzing them,we can understand the basic process of the agent's access to the loan and understand the importance of the illegal possession in the process of the actor's loan fraud.In the selected sample cases,the judiciary mainly determines from the three stages whether the perpetrators constitute the illegal possession of loan fraud:the behavior of the perpetrator providing false materials and whether it has the ability to repay before the loan;Whether the actor has the act of returning the principal and interest,and examines the willingness of the actor to repay the loan;after the loan,the actor's squandering,escaping,and other refusal to repay the loan comprehensively considers the intention of the actor's illegal possession.The judicial organ shall comprehensively determine whether the perpetrator constitutes a crime of loan fraud in combination with the objective use of the loan by the actor and his defense of the purpose of illegal possession.The purpose of illegal possession of loan fraud has many problems in the identification of judicial practice.China has no special judicial interpretation on the purpose of illegal possession of loan fraud,which leads to no legal documents in judicial practice.The accused is guilty of the crime and does not pay attention to it.The determination of the subject's subjective illegal possession;the time of unreasonable misappropriation and illegal possession is unclear.In view of the lack of relevant identification rules for the purpose of illegal possession of loan fraud in judicial practice,it is possible to conduct "principle"guidance through the academic circles on the doctrine of illegal possession,scientific selection and identification methods;appropriate use of criminal presumption to resolve the existence of illegal possession The problem of identifying the difficulty in the subjective behavior of the perpetrator;selecting the reference point of the purpose of illegal possession to determine the time boundary of the crime of loan fraud,and establishing a unified time-finding standard for the purpose of illegal possession of loan fraud in judicial practice;improving the procedural guarantee mechanism and giving the defendant The final procedural guarantee of the person.In judicial practice,the crime of loan fraud has various problems such as diversification of criminal forms,concealment of criminal means,and huge amount of money involved.The identification of illegal possession has a very important role in conviction.The actor's criminal means are updated quickly,while the legal and judicial documents are relatively stable,and it is difficult to immediately regulate the emerging crime phenomenon.Therefore,it is necessary to clarify the meaning and value of illegal possession of public deposits for illegal possession purposes,and help judicial practice to solve the problem of subjective crime of loan fraud.