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Studies On The Crime Of Loaning

Posted on:2006-06-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H RenFull Text:PDF
GTID:1116360155454622Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the deep development in the market economy, the increasingly clear-cut opening-up pattern of the finance industry, we can predict that the finance industry of our country will face the important change through the deepening of the financial reform and intervention of foreign-capital financial institutions. We can meet opportunity and challenge and success and risk as Premier Minister Wen Jiabao said, "We cannot afford to lose and we cannot afford to see failure."This deals with the unavoidable current issues in the fields of economic macro-control and governance of the whole economic environment of our country. The reform of the financial system will affect all levels of society and relates to lasting stability and durable peace of the country so our urgent affairs are that guarantees the relatively stable and smooth development in the finance industry and guards against the great fluctuation and the instable factors including holding back and cracking down on the loan crime and the objective realities that we shall pay attention to and face are guarding against the loan crime and reducing and defusing the financial risk. As the financial crime that often occurs in the economic life, the loan crime shall be given top priority. This is not underestimated for it is both a theory and an unavoidable practical problem. The paper is divided into five parts, that is, Basic Theory, Composition Theory, Formation Theory, Crime Theory and Perfection Theory. In the Basic Theory of Study on Loan Crime, the writer elaborates the concept, principles and features, the legal nature and sources, types, procedures and supervision of the loan through regarding the legal system concerning loan as an entry point. The writer also defines the concept of the loan crime, sums up and summarizes the status in quo and features of the loan crime, analyzes the origin of the loan crime in an appropriate manner, that is, the relations among economic crime, financial crime and loan crime, introduces the extra-territorial law-making concerning loan crime in Russia, U.S.A., Germany and so on that is compared with and used the theoretical study of the loan crime of our country for reference. In addition, the writer sums up the scope, jurisdiction, features and types of the loan crime in a systematical and clear-cut manner. In the Composition Theory of Study on Loan Crime, the writer discusses the general theory of the loan crime, studies on the general and special subject of the loan crime. In respect of the subjective aspect of the loan crime, the writer puts forwards the forms of compound crime in the loan crime and studies on the subjective crime in the illegally launching a loan. Because the doer illegally launches a loan due to abuses of authority and malpractice, the doer has of two forms of crimes in respect of subjective including intention and fault. In addition, the law provides for Crime on Illegally Launching a Loan to The Party and on Illegally Launching a Loan in the same article of the law so it is difficult to identify a crime in the judicial practice, especially in Illegally Launching a Loan. It is more difficult to operate in the judicial practice for it must identify the intention and fault in the subjective crime of this crime. The law enforcer of the judicial organ is required to be proficient in the law, familiar with the case, strict enforcement of law and truly adapt crime and penalty by law principle to crime and penalty. In addition, the subjective crimes of this crime have two forms that oppose fundamentally. Therefore there always occurs the illegal practice of objective imputation in the practice. Moreover, there is absichtsdelikte in the loan crime, of which Transferring Loan at High Interest, Illegal Daily Interest Rates on Short-Term Private Loans with The Non-Ledger Capital of Customer, Crime on Launching a Loan and Loan Fraud Crime are all the direct intentional crime of the absichtsdelikte. In respect of the objective elements of the loan crime, the writer puts forward the compound behavior of the loan crime, who thinks that Transferring Loan at High Interest, Illegal Daily Interest Rates on Short-Term Private Loans with The Non-Ledger Capital of Customer and Crime on Launching a Loan are all compound behavior crime and absichtsdelikte and compares with and studies on the rob crime and rape crime. It is obvious that there are both differences and relations between crimes in the constitution of a crime in the loan crime. They are intersect and superposition, that is, have the crime of special subject and the absichtsdelikte of direct intentional crime.The differences and relations are the key symbols that are differentiate this crime and felony from the other crime and misdemeanor and the real problem that shall be grasped earnestly and dealt with in the judicial practice. In the Formation Theory of Study on Loan Crime, the writer makes a deep analysis on the attempted crime, especially on the beginning of the act of perpetrating of loan crime in an all-round way. The writer also comments and defines all kinds of theories from both home and abroad, analyzes the scope, judging standard and composition of the loan crime. In the accomplice of the loan crime, the writer studies on the accomplice, special pattern and accomplice with different identities in the loan crime. In the Crime Theory of Study on Loan Crime, the writer makes a deep study and analysis on Crime on Illegally Launching a Loan to The Party, The Crime on Illegally Launching a Loan, Transferring Loan at High Interest Illegal Daily Interest Rates on Short-Term Private Loans with The Non-Ledger Capital of Customer, Crime on Launching a Loan and Loan Fraud Crime respectively in terms of the concept of crime, composition and features, identification of differences between the loan crime and other crime, criminal patter, problems, judicial practice, punishment of criminal law and other so in order to get the concept into shape, know the essence, grasp the features, make theory closely relate to practice and guide the specific practice in the judicial practice. As far as the practice of the crime is concerned, the writer makes every effort to live up to the law with sufficient foundation, deep evaluation of the law, and conviction in a precise and scientific manner. In the Perfection Theory of Study on Loan Crime, the writer elaborates the perfection of law-making of the loan crime and of the judicial interpretation of the loan crime, especially, puts forward the construction of holding back the operating mechanism in respect of construction of system. In addition, the writer puts forward the visualizations and constructions in the aspects ranging from the internal structure of financial institutions, governance of the external environment to solving the intervention of foreign-capital financial institutions and thinks that the reform of financial system is imperative under the situation that shall use the mode of corporate governance in England and U.S.A. for reference. In particular, the loan...
Keywords/Search Tags:Loan Crime, Perfection of Law-making, Construction of System, Civilization and Harmony
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