Research On Several Problems Of The Crime Of Loan Fraud

There are still some problems of the crime of loan fraud in judicial practice, theresearch on practical issues of law applicable is still meaningful. We should summarizesome problems which cannot be resolved, according to the reality applicableconditions of laws of the crime of loan fraud, which is meaningful for theimprovement of legislation.The first chapter of this thesis will discuss the law benefit of the crime of loanfraud. We should have a careful thinking when the benefit law of the crime of loanfraud was determined because of the relationship between the special legal provisionand general legal provision of the crime of loan fraud. We should not only observe theprotection of law benefit of the crime of loan fraud, but also observe the properties ofviolating the law benefit of property. Starting with the law benefit of crime of loanfraud, making the understand of any inscapes of crime of loan fraud coincide with thelaw benefit of criminal law. At the some time, the chapter also takes a research on thebehavioral object which is related to the benefit law of crime of loan fraud.The second chapter will discuss some dispute issues which are related to objectivebehavior the crime of loan fraud. There are still some doubts on the behavior of thecrime of loan fraud in judicial practice, especially on the behavior of “robbing Peter topay Paul”. The judgment of behavioral nature on loan fraud and the problems of someother legal provisions which are so called “with other methods to fraud” should befurther discussed. Such behaviors which are mentioned above cannot be considered asthe crime of loan fraud. Therefore, whether the purpose of detinue is the key forjudging behaviors is the crime of loan fraud, for the crime of loan fraud has thepurpose of protecting the benefit law of property. In addition, the contents and scopesof “with other methods to fraud” which is ruled by criminal laws also should beconfirmed by the benefit law of the crime of loan fraud.The problems of conviction and punishment on judicial person’s loan fraud will be discussed in the third chapter. The crime of loan fraud which is ruled by criminallaw cannot be constituted by organization subject, therefore, the problems will beexisted in handling the behavioral of judicial person’s loan fraud in the face ofpracticing. On the basis of crime legal principles, for occasion of the judicial person’sloan fraud cannot be regarded as the crime of loan fraud, should be convicted byrelated criminal laws. But, in order to overcome the punishment leak, we still needexplicitly laws stipulate judicial person can constitute the crime of loan fraud.The fourth chapter refers to the affirmation of illegal possession form thesubjective aspect of crime of loan fraud. Benefit law of crime of loan fraud includesthe benefit law of property. Therefore, the establishment of the crime of loan fraudshould on condition of illegal purpose on loan. As a subjective factor, the purpose ofillegal retinue is deceivable role for the establishment of crime. At the same tme, thepurpose of illegal detinue virtually have the effect which can distinguish the differentcriminal types. The demonstration of illegal possession is the most difficulty we havemet in the practice. The psychological attitude of illegal detinue is more severe thanintentional crime. The purpose of illegal detinue is made of “exclude meaning” and“utilize meaning”. In order to affirm the existence of purpose of illegal possession, weshould accord to the two aspects meanings. At the same time applicable criminalconstructive for the purpose of illegal possession shall be recognized to accuratelydetermine the establishment of the crime of loan fraud has become necessary.The fifth chapter will discuss accomplished and attempted problems of the crimeof loan fraud. Since the aim of the crime of loan fraud legislation is to protect twokinds of benefit laws, which kind of benefit law should be as the accomplished mark isthe problem worth to thinking. The affirmation of accomplished loan fraud shouldfollow the behavioral type of the crime of loan fraud, that is the crime of loan fraud isthe strictly behavioral criminal. Therefore the infringement caused by the crime of loanfraud is the results, that is to say, the crime of loan fraud will be material as a sign ofaccomplished. In the case of accomplice of the crime of loan fraud, to get down tomeasure and grasp the crime of loan fraud should from two different angles. First of all,to see from the essence of the crime of loan fraud. Second, grasping from the innerstructure of the crime of loan fraud. The sixth chapter will discuss several problems on accomplice of the crime ofloan fraud. We should affirm the accomplice crime establishment under the conditionthat only exist natural person. And in the presence of unit subject participate incommon implementation of the loan fraud case, because our country criminal law isnot specified in the main unit may also constitute the crime of fraud of the loan,therefore, in the present legislation situation, can not determine that unit subject canconstitute the crime of fraud of the loan of joint crime.And in the presence of unit subject participate in common implementation of theloan fraud case, because our country criminal law is not specified in the main unit mayalso constitute the crime of fraud of the loan, therefore, in the present legislationsituation, can not determine that unit subject can constitute the crime of fraud of theloan of joint crime. Involves unit subject loan fraud shall be made by the legislationwill its provisions for loan fraud behavior subject. In addition, the chapter also to loanthe accomplice of crime of fraud in form of the identity and accomplice problems arediscussed in this paper. Due to financial institutions and loan business irrelevantpersonnel do not have endowed by laws related duties and responsibilities, so do nothave here said the legal capacity. In this case, financial institutions internal personneland external personnel by implement the behavior and several no identity who share afact that the loan fraud behavior, there is no use convenient position was establishedthe duty crime problem, thus completely accords with the components of the crime offraud of the loan, shall be based on the crime of fraud of the loans of financialinstitutions as a joint crime inside and loan business irrelevant personnel and externalpersonnel collusion, common implementation loan fraud, because the internal staff donot have constitute a crime of corruption, such as job occupation crime duty crimeneed special identity, this kind of behavior person common crime can only bedetermined as the crime of fraud of the loan of joint crime.