Study On Some Problems Of The Crime Of Defrauding Loan

Through the introduction of the "Criminal Law Amendment(6)",stipulating one of the crimes of fraudulent loans in Article 175 of the Criminal Law,making it possible to defraud banks or other financial institutions of loans,but without the purpose of illegal possession or difficult to prove the existence of such purposes as a crime.However,there have been many differences in the application of judicial practice,and a systematic inquiry into this crime is urgently needed in order to promote the accurate application of judicial practice.The first part expounds some problems in theory and practice as the basis of writing.The first is the difference in understanding of the elements of this crime,which are directed at fraud,the object of the crime,and the results of the elements.The second is the dispute over the application of "major loss or other serious episodes " in the description of the guilt,including the specific provisions for judging the meaning of "major losses " and interpreting " other serious episodes ".The second part explores the structure of the crime.Fraudulent behavior in this crime refers to the act of obtaining false loans by providing false materials,economic contracts,or certification documents to forge loan uses,loan guarantees,repayment capabilities,and loan conditions.Distinguish loan fraud and civil loan disputes by identifying the harmful consequences and analyzing the specific content of deceptive behavior.From the two aspects of the essence of operating a loan business and the form of financial supervision,it is stated that a small loan company should be identified as a financial institution;"other serious episodes" reflects the specific danger of fraudulent lending by financial institutions,and the constituent elements of this crime should be understood as the major losses or other serious circumstances caused by fraudulent lending.The third part is the identification of major losses and other serious circumstances.Relevant judicial interpretations clarify the application of this crime,and "direct economic losses of more than 200,000 yuan" are defined as "major losses." The losses in the crime of causing loss-type fraudulent loans should be confirmed after the financial institution has taken all necessary measures,and the time point for calculating the amount of losses should be the time of filing.In the case that the guarantor repays the loan on its behalf,the financial institution has not suffered losses,and the guarantor’s loss should not be interpreted as the loss in the crime of fraudulently obtaining loans;"," Although they did not meet the above-mentioned amount standards,they repeatedly cheated loans." However,in the amount of fraudulent loans,the amount of "fraudulent loans" is less harmful than "significant losses." Judicial practice should be vigilant and apply a limited application;the judicial application rate of multiple types of fraudulent loans is extremely low.,May consider repealing this provision.