On the Judicial Affirmation of Crime of Loan Fraud
|Keywords||the crime of loan fraud judicial cognizance constitution of a crime|
This article analyzes the use of normative research methods and literature research methods, combined with the scholars have made research, elaborated the loan fraud crime of loan fraud crime is defined, the joint crime and the crime of loan fraud crime number defined as well as the crime of loan fraud crime is defined and discussed the problem of similarity. Finally, in order to more comprehensive regulation in the criminal law of loan fraud crime of fraud crime of loan, is a sound proposal, and puts forward the units into the loan fraud crime. The full text is divided into five parts, about 32000 words:In the introduction, analysis of the loan fraud crime of serious harm to society and international on loan fraud to be against the legislation, and analyzes our country crime of loan fraud crime of loan fraud legislation origin, current research status and some problems that exist in practice, points out the further study and the importance of the crime of loan fraud necessity.The fist part, the crime with the non-crime definition. This part mainly discusses the loan dispute, loan fraud and fraud crime of loan limits as well as "for the purpose of illegal possession " as defined in. In that behavior person has subjective purpose of illegal possession, shall adhere to the principle of unification of subjectivity and objectivity principle, do that accurate, do not wrong,not indulge。The second part, about the definition of Loan fraud Common crime. On the bank or other financial institution staff collusion jointly implement the qualitative problem of loan fraud, natural person and unit mortgage fraud accomplice and crime of loan fraud crime amount problem are discussed. And for the unit Defrauding loans behavior to qualitative issues, proposals to amend the relevant laws and regulations. the unit is provided for the crime of loan fraud, so as to meet the development needs of social life.The third part of the thesis, the crime of loan swindling crime definition. Many times the implementation of loan fraud crime number recognition, on charges of implicated offense in the crime problem and the coincidental statute is discussed. In practice, many mortgage fraud behavior of three form to be analyzed, at the same time on loan fraud process such as counterfeiting, altering, buying and selling of prior practice or theft. snatch state documents, certificates, seals, or fake companies. enterprises, institutions, people’s organizations of seal behavior; from a bank or other financial mechanism of bribery; in order to escape investigation, obtained the loan after bankruptcy, false behavior cognizance opinion.The fourth part, the crime of loan swindling and similar accusation definition. Mainly from the subject of crime, criminal object, criminal object, objective behavior, such as the distinction between crime subjective negative loan fraud and fraud, cheating on loans and crime of revolving loan at high interest rate and other similar crimes boundaries.