| With the development of the financial market,the number of loan fraud cases has risen sharply,and the subjects and means of defrauding loans have become more complicated,which has caused a huge impact on the financial order.Therefore,in order to make up for loopholes and effectively regulate fraudulent loans,the "Criminal Law Amendment(6)" added the crimes of fraudulently obtaining loans,acceptance of bills,and financial bills.The establishment of the crime of fraudulently obtaining loans as an optional crime has improved the loan fraud crime system.This crime does not need to be constituted by the purpose of illegal possession and the subject of the crime is not limited to natural persons,thus effectively curbing the phenomenon of enterprises or natural persons playing "side-by-side" illegal borrowing.With a large amount of judicial practice and the interpretation of relevant judicial interpretations by the Supreme People’s Court,the application of the crime of fraudulently obtaining loans has gradually become clear.or "other serious circumstances" are changed to one standard of "causing heavy losses".The purpose of modifying the application of the crime of fraudulently obtaining loans is to tolerate non-fraudulent violations that do not cause major losses to financial institutions in the production and operation of civil subjects due to financing needs,so as to improve the accuracy of application.Reduce the crime rate.The "Criminal Law Amendment(Eleventh)" will come into effect on March 1,2021.Before the supporting judicial interpretation is announced,there are still inaccurate judicial applications for the crime of fraudulently obtaining loans.Theory guides practice,and practice enriches theory.This article is divided into four chapters in total.Except the preface,which explains the basic situation of this article,the four chapters of the main body analyze a difficult problem in the practical application of the crime of fraudulently obtaining loans.Specifically,the first studies the practical problem of identifying the object of the crime of fraudulently obtaining loans.This part combines the legal provisions and judicial practice cases of the crime of fraudulently obtaining loans,and finds that the practical problem of the object of the crime of fraudulently obtaining loans is that there is ambiguity in the connotation of other financial institutions,so small loan companies,P2 P network lending platforms,and entrusted loans are the objects of behavior Expand the analysis.Secondly studies the difficult issues related to the determination of the "deception" of the crime of fraudulently obtaining loans.This part starts from the determination of academic theory and focuses on difficult problems in practice.Theoretical disputes over the determination of deception means,the substantive factors of determination of deception means,whether the borrower should be punished for "providing effective guarantee" deception,and the borrower’s subsequent loan misappropriation behavior Do you want to discuss issues such as its punishment? After that analyzes the difficult problems of the harmful consequences of the crime of fraudulently obtaining loans.What is the relationship between the harmful consequences and obtaining loans? This requires first clarifying the meaning of "obtaining loans",and then identifying the nature of "significant losses" in the harmful consequences and dividing the scope of significant losses.This part focuses on these two issues Expand.Finally studies the difficult problem of the criminal form of the crime of fraudulently obtaining loans,and discusses two issues of the criminal form of the crime of fraudulently obtaining loans and the determination of the criminal form of the crime of fraudulently obtaining loans. |
