Research On The Objective Elements Of Crime Of Fraudulent Loans

The Crime of Fraudulent Loans was originally stipulated in the Amendment to Criminal Law(Ⅵ),this crime was amended in the Amendment(Ⅺ)to the Criminal Law in 2020.Up to now,this crime has been stipulated in the Criminal Law for more than ten years.There have been some controversial issues in theory and judicial practice.These problems have led to the maintenance of the crime of obtaining loans by fraud.The role of financial order and guaranteeing loan security cannot be brought into full play.When discussing how to better apply the crime of loan fraud,it is necessary to first clarify the legal interest of the crime.After clarifying the legal interest protected by the crime,we should start from the objective aspects of the crime and analyze the degree of the fraud behavior,the object of the behavior and the harmful consequences.First of all,sorting out the problem by introducing some cases,and then submit questions.Fraudulent loans of financial institutions involved in the crime is engulfed by retrieving misconceptions related cases in recent years,defrauding small loan company loans related cases to a significant loss recognized establishment of this crime related cases.Besides,summing up the controversial issues in today’s Judicial Practice.Select some representative cases in a lot of cases.Then,raise the question which will be discussed in this paper.Such as: Does the fraudulent behavior require the bank staff to fall into a misunderstanding;the object of the fraudulent behavior is whether the microfinance company thinks it can constitute the crime of obtaining loans by fraud;how to determine the calculation time and scope of the major losses described in the fraudulent results,etc.Secondly,for the problems found in the search,carrying on the related theory carding display.To the problem of judicial cognizance of this crime objective elements show from different points of view and comments,which mainly includes different opinions of different scholars on the degree of fraud,as well as the analysis of the nature of small loan companies,and the sorting out of different views on the identification time and scope of major losses.After the theoretical combing,the author analyzes the views of different scholars,and analyzes the possible problems and impropriety in the views.Finally,in order to solve these problems,this paper analysis with legal interest,which in determining the first argument this crime objective elements of the important role on the question of justice,legal interest is to protect the contents of this crime,Therefore,it can conclude that this crime show the legal interest,in the degree of the criterions for the conviction should master how to should protect what kind of behavior,what kind of punishment.For this crime,there are mainly financial management order theory,financial transaction order theory,credit fund security theory,etc.By sorting out the contents of the legal interest and the theory of advocating the legal interest,this paper puts forward the point of view: The legal interest protected by this crime is mainly financial management order.Based on the legal interest,this paper analyzes the deceptive behavior,the object of the behavior and the harmful consequences of the crime,and solves the controversial problems existing in practice from the perspective of legal interest.