Study On The Judicial Cognizance Of Cheating On Loans

The Criminal Law Amendment(XI),which was adopted on December 26,2020,deleted the expression "with other serious circumstances" in the crime of defrauding loans.The reason is that in order to solve the problem of "high financing threshold" and "financing difficulty" of private enterprises,although private enterprises have some violations in the process of financing to banks and other financial institutions,they do not take illegal possession for the purpose,In the end,the act that does not cause significant losses to banks and other financial institutions is not recognized as a crime.With the implementation of the Criminal Law Amendment(11),the application of "serious circumstances" in the crime of defrauding loans has been solved for a long time.However,through searching the judicial judgment of this crime in recent years and classified statistical analysis,it is found that there are still many different views in judicial practice,such as the legal interests protected by this crime,the determination of the degree of defrauding,the nature of the small loan company In many similar cases,such as the scope of the determination of major losses,there are different judgments.Studying and solving the difficult problems in the judicial determination of the crime of defrauding loans is an important issue that needs to be faced in both theory and practice.The main reason for the problems in the judicial determination is that there are disputes in the theoretical determination.Through the problem-oriented approach,this paper collects and sorts out the academic disputes around the problems in the judicial practice,and through the comparative analysis of different theoretical theories,puts forward its own views on the application of the crime of defrauding loans.First of all,from the perspective of protecting legal interests,it is clear that the legislative purpose of the crime of defrauding loans is to maintain the financial security of financial institutions,and from the perspective of corporate attributes,it is clear that the small loan company does not belong to other financial institutions.Secondly,it is analyzed in the criminal constitution that the establishment of the act of defrauding loans does not require the bank to fall into the wrong understanding,and "major loss" is the result of the constituent elements of the crime of defrauding loans,taking the time of filing as the node and the principal as the scope.Finally,Propose solutions to the determination of "particularly serious losses" and "other particularly serious circumstances" of the conditions for the promotion of the statutory penalty to further supplement the application of the Criminal Law Amendment(11).