On The "Substantial Loss" In The Crime Of Loan Fraud

As a crime added to the Criminal Law Amendment（VI）-the crime of obtaining loans by deception,in China is in a period of economic and social transition,the financial field of crime is high,the trend of the general environment to play no small role.Before the emergence of the crime of loan fraud,in practice,people who do not meet the loan conditions by fabricating loan qualifications,reasons,providing false information and other ways to obtain loans,but in judicial practice,the deceptive means to obtain loans to determine whether the crime of loan fraud with the purpose of illegal possession is often difficult,so that such behavior can not get the criminal law,objectively leading to the spread of fraudulent loan behavior is high.It is important to clarify the identification of the crime of loan fraud in practice,distinguish the boundary between the crime of loan fraud and other crimes,and solve the problems of loan fraud in judicial practice to maintain the order of financial management by tightening the criminal law network.The objective aspects of the crime of obtaining loans by deception are problematic in judicial practice,among which the more significant problems are: the determination of "significant loss" has an unclear standard of prosecution,the determination of "significant loss" at different times,the fraudulent person for the existence of adequate security is not consistent The problem of "significant loss" and the unanimous decision not to prosecute was not made before the fraudulent lender returned the principal and interest.Through empirical analysis,a large number of judicial cases are cited to prove that the above problems do exist in judicial practice.After the Amendment to the Criminal Law（XI）deleted "other aggravating circumstances" from the basic elements of the crime of obtaining loans by deception,the relationship between "other aggravating circumstances" and "significant loss" is different from that of "other particularly aggravating circumstances".The relationship between "other particularly aggravating circumstances" and "significant loss" has also become an issue of discussion.The deletion of "other aggravating circumstances" makes the criteria for determining "causing particularly significant damage" and "other particularly aggravating circumstances" the latest topic for discussion.The problems that arise in judicial practice need to be solved one by one,and the understanding and determination of "significant loss" in the crime of loan fraud should be discussed in detail,and the standard of conviction for loan fraud should be returned from the amount theory to the loss theory,and the "significant loss" should be decided according to the economic differences in each region.The amount of "significant loss" is determined according to the economic differences of each region;the amount of the basic crime is calculated by referring to the crime of illegal loan issuance and the crime of usury to calculate the specific amount of the crime of loan fraud;the scope of economic loss and the time node of calculation are clarified;and the boundary between the crime of loan fraud and other crimes is distinguished.According to the legislative spirit of loan fraud,we hope to comply with the modesty of the criminal law,while playing a good role in the economic crime of loan fraud,and solve the problem of judicial determination of "significant loss" in the crime of loan fraud.