Reserch On The Judicial Identification Of The Crime Of Defrauding Loans

In terms of solving the criminal law and regulation of defrauding banks and other financial institutions ’ loans for the purpose of illegal possession,my country has stipulated the crime of obtaining loans by fraud in the Criminal Law Amendment(6).The establishment of this crime has effectively curbed fraud.The act of lending better maintains financial order,and the threshold of conviction for this crime has been adjusted in the"Criminal Law Amendment(11)".However,with the continuous deepening of judicial practice,the problems exposed in the specific application of the crime of obtaining loans by fraud need to be resolved urgently,such as the target of the crime,the means of the crime,and the determination of the incriminating standard.In the face of this situation,this article starts with judicial judgments and combines current theoretical research controversies,using empirical research methods,comparative research methods and theoretical research methods to focus on three issues: The first is the identification of guarantee-based “ deceptions”,To study the specific identification of "deception",whether the loan applicant’s provision of full guarantee can be the reason for the crime,the exchange value of the applicant’s fictitious collateral,and the situation where there is no right to dispose of the concealed collateral;the second is "banks and others"Financial institution" identification issues,discussed the meaning of financial institutions and whether microfinance companies are financial institutions;third is the identification issue of "significant losses",explaining the time point for calculating major losses,clarifying its meaning and repayment The impact of interest payment behavior on its determination.In response to the above problems,this article proposes two aspects of improving judicial interpretations and issuing guiding cases,in the hope that my country’s legislation on the crime of obtaining loans by fraud can be more comprehensive and complete,and better applicable to judicial practice.