Research On The Criminal Law Evaluation Of Defrauding Small Loan Companies

As a new organization,small loan companies have some problems,such as unclear legal nature and relatively weak supervision,as a result,the behaviors of fraudulently obtaining loans from small loan companies emerge in endlessly,in judicial practice,the identification and controversy of the purpose,object and means of the behavior of fraudulently obtaining its loans have not ceased,this paper starts from the above three aspects,This paper makes a deep study on the legal nature of the act of swindling small loan companies.This article starts with a case study,in the case,the court held that the act of defrauding a small loan company should be regarded as a crime of fraud,then leads to the behavior of the identification of the controversial views,there are four possibilities of civil fraud,loan fraud or loan fraud,fraud and contract fraud.As for the criminal evaluation of this act,this paper discusses the purpose,object and means of behavior,the significance of studying the purpose of action lies in distinguishing civil fraud from criminal fraud,the key point of civil punishment is whether the perpetrator has the purpose of illegal possession,by discussing the two perspectives of civil fraud and criminal fraud,ccording to the intention of performing the contract and the theory of the purpose of illegal possession,the actor has the purpose of illegal possession,should be punished as criminal fraud.The significance of the research on the behavior object lies in clarifying the legal attribute of small loan companies,to determine whether it constitutes a crime of defrauding financial institutions,from the three aspects of rules and regulations,regulatory authorization and legislative purpose,that small loan companies should belong to enterprise legal persons,thus,the possibility of the crime of loan fraud and loan fraud is eliminated.The significance of the research on behavioral means lies in distinguishing the crime of general fraud from the crime of contract fraud,combined with the relationship between the contract behavior and the behavior of defrauding small loan companies,and the relationship between the source of the property involved in the case and the contract,concluding that contract is the necessary carrier for accomplishing crime.Combining the above three aspects,the author thinks that the act of swindling a small loan company should be identified as the crime of contract fraud.