Study On The Judicial Determination Of The Crime Of Loan Fraud

Financial loans play a very important role in the process of social and economic development.Loans can even determine the survival and development of an enterprise to a certain extent.With the prosperity of financial credit market,more and more criminals point to loan fraud,which leads to the frequent occurrence of loan fraud in recent years.The rampant crime of loan fraud will not only damage the interests of banks and other financial lending institutions,but also damage the social credit system,destroy the order of the social market economy,and hinder the development of the national economy.Through sorting out the relevant cases of loan fraud in recent years,the author finds that there are some common disputes when the court adjudicates loan fraud cases.The main body of this paper is divided into four chapters,discussing the common difficult problems in the judicial practice of identifying the crime of loan fraud,and expressing their own views on these problems.The first chapter of the text analyzes the dispute of whether the actor has the purpose of illegally possessing the loan in the criminal judicial judgment,discusses the two different views of objective presumption and subjective and objective consistency,and evaluates the advantages and disadvantages of the two views.In addition,the author puts forward some suggestions on how to solve the problem of determining that the actor is for the purpose of illegal possession under the current legislation.The author believes that the objective environment of the actor,the objective behavior of disposing the loan,the objective reasons for the inability to repay the loan should be integrated,and the defenses of the lender should be combined to determine whether the lender wants to possess the loan illegally.The second chapter of the text discusses the interpretation of the criminal law of the loan fraud clause "obtaining loans by other means" and the controversy in its generation stage,and comments on the main controversial points.The author thinks that the "other methods" here are not limited to the stage of applying for loan.For the purpose of illegal possession of the actor,after obtaining the loan legally,if he does not return the loan through fraud,this crime is also established.The third chapter of the text analyzes the disputes on how to determine the nature of the loan fraud in the current stage and comments on the existing controversial views.The author believes that it is the most reasonable choice under the existing legislative framework to regulate the contract fraud in the current stage,but it is also a helpless act Limited by the law.This problem should be fundamentally solved and the unit should be considered The main body of the crime of loan fraud.The fourth chapter discusses the behavior that the internal staff of bank or other financial institutions collude with the non internal staff to carry out the fraud loan.For this kind of "internal and external collusion" type of loan fraud,it lists the existing main dispute focus and comments on these views,and puts forward the improvement of the main view in judicial practice Discussion.