The Research About The Crime Of Loaning

The crime of loan swindling was the new economic crime prescribed by NPC Standing Committee in "the decision on the punishment of criminal damage to the financial order", and was absorbed in the newly revised "Criminal Law" in 1997, which played an active role to suppress financial crime and preserve our financial order. Since it was established in legislation, it has caused strong concern by scholars, and became a hot academic problem. But up to now, because of the reason on the legislation, it had a certain difficulty that the judicial practice of the department deal with such crimes, and the trial practice need the theoretic response and support. There are four parts in this paper:Loan fraud was outlined in the first chapter. It included the questions about the loan, the concept and characteristics of the crime of loan swindling. In this chapter I analyzed the causes of crime loans from both the macro and the micro. The damage of loan crime mostly incarnated that the destroy to the funds safety in financial institutions and the financial management order and the market economy principles of honesty and credibility. Viewing from the evolution of China's legislative process, the crime of loan swindling was the extraction from The fraud crime, also was the product of the market economy. In 1997, when emended the Penal Code, The "financial fraud" was specially enacted a section V in part two section three——the crime of breaking the socialist market economic order, in which the crime of loan swindling was provided in clause 193.After comparatively analyzed several interpretations for the concept of the crime of loan swindling in academia, I put forward my agreement, that...