Qualitative Research On Internal And External Collusion To Defraud Loans

The process of economic development is accelerating,and the new field of the financial market,one of the important roles,is in full swing,affecting the development of enterprises and people’s lives in all aspects all the time.More and more enterprises and individuals are carrying out loan financing,which is in line with the new trend of the times.But at the same time,lawbreakers will also breed opportunistic and use various deceptive methods to obtain loans from financial institutions.This phenomenon is not uncommon.Among them,the "internal and external collusion" type of common crime of defrauding loans occurs frequently,which is characterized by fraudulent means,not easy to be detected,and a high success rate,which has caused immeasurable effects on the healthy and orderly development of the financial industry and the operation of the national economy in the future.serious threat that needs to be addressed urgently.Therefore,taking the "internal and external collusion" type of common crime of defrauding loans as the research theme,starting from judicial practice,we find the existing problems,explore the reasons behind them,and propose corresponding solutions to the problems.Specifically,it is divided into the following four parts:The first part is about the practical disputes on the characterization of internal and external collusion to defraud loans.Through the form of cases,the author shows that there are three main disputes in this issue in judicial determination.The first dispute is whether the fraudulent loan taking of internal and external collusion is a joint crime.In judicial practice,there are differences that most cases are not identified as joint crimes,and some cases are identified as joint crimes.The second major controversy is whether the crime of defrauding loans is still established because of internal and external collusion so that the staff did not fall into a wrong understanding.The third major controversy is the inconsistency of convictions in judicial practice under the premise of identifying joint crimes,that is,there is a distinction between unified convictions and separate convictions.The second part is about the theoretical disagreement about the qualitative nature of collusion and defrauding of loans at home and abroad.First of all,there is still controversy about the nature of joint crime.There are complete crime joint theory,partial crime joint theory,and behavior joint theory.There are still many theoretical controversies in the criminal law academic circle on the characterization of internal and external collusion and joint crime.The author divides it into the viewpoint of unified conviction,the viewpoint of separate conviction and the viewpoint of compromise conviction.Under different viewpoints and based on different,there will be many theories branch.The author expounds and analyzes the defects of each theory.The third part is about the qualitative solution path of internal and external collusion to defraud loans.First of all,the author advocates the theory of common behavior,indicating that all actors who collude internally and externally to defraud loans should constitute a joint crime;secondly,the behavior of staff of different financial institutions colluding with lenders without falling into misunderstandings is characterized and believes that Regardless of whether the staff of the financial institution has the right to make decisions or fall into a misunderstanding,it does not affect the crime of fraudulent loan acquisition by each actor.as the basic conviction basis and supplemented by the principle of imaginary co-opetition.