Study On The Difficult Problems In The Judicial Determination Of The Crime Of Defrauding Loans

The addition of the crime of fraudulently obtaining loans is to punish the behavior of obtaining loans from banks and other financial institutions by means of fraud,which is difficult to identify in judicial practice as having the purpose of illegal possession,thus causing heavy losses to financial institutions.However,since the establishment of this crime,in practice,it is often expanded to explain,and there is no substantial examination of the behavior of loan fraud,resulting in the final punishment range is too wide.Based on the practical needs of the development of private enterprises,the Criminal Law Amendment(11)reduced the establishment scope of the crime of loan fraud in the legislative limit,and deleted the elements of "having other serious circumstances" of the crime.However,with the development of economy,loan fraud has become more complex,and there are still many differences in the judicial application process.By using literature analysis,comparative analysis,case analysis and other methods,combined with the relevant research status in China,this paper analyzes the difficult problems in the judicial identification process of the crime of loan fraud,and puts forward its own solutions,so as to promote the crime to be accurately identified.This paper mainly includes four chapters:The first chapter introduces the specific case,analyzes the facts of the case,and sorts out the controversial issues in the case,so as to summarize the controversial elements in the identification of "deceptive means" in the crime of loan fraud.It mainly includes three questions: one is whether any fraudulent behavior belongs to the fraudulent means of the establishment of this crime;the other is whether the establishment of this crime should meet the conditions of the acquisition crime;the third is whether the doer’s provision of sufficient guarantee still constitutes a crime.The second chapter is the definition of "major loss" of loan fraud crime.The determination result of "heavy loss" affects the establishment of this crime.In the process of the determination of a case,the judge has great discretion,and there are often different sentences in the same case.The first section explains the nature of the heavy loss,the second section mainly discusses the difficult problems in the calculation of the heavy loss,including two aspects,one is the time node of the calculation of the heavy loss,the other is the determination of the amount of crime.The third chapter is the qualitative analysis of "the purpose of illegal possession".The first section elaborates the judgment standard of the purpose of illegal possession and the qualitativeness of the act of illegal conversion.The second section discusses the problem of the unit cheating loan with the purpose of illegal possession.The fourth chapter is in view of the existing problems,put forward their own solutions and countermeasures.