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Study On Several Issues Of The Crime Of Fraud On Loan

Posted on:2007-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:M QiaoFull Text:PDF
GTID:2166360185957128Subject:Criminal Law
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The crime of frand on loan possesses the double properties of the financial crime and the property crime. Because of the peculiar professionalism and the complexity of financial business, to some degree, there are some difficulties during the process of arbitrating the crime of fraudulent loan in the practice. So, in this paper, I will make penetrating analysis about some problems of the hot spot and the difficult point in the current judicial working. There are three parts altogether in this paper.I.The objective of the illegal possession in the crime of fraud on loan According to the general viewpoint we can regard"the illegal possession"in the criminal law of out country as"illegal ownship". From the aspect of subjective formation, the crime of the fraudulent loan demands to possess"the objective of illegal possession". It is the typical crime of having the objective, and its effect is to occupy the loan. So, subjectively, the actors of all hope and seek actively the happening of the harmful effect. Their crime is directly intentional not including the indirect internationality. Generally speaking, the loan applicants'illegal objective of possession has formed before they apply for the loan or when they obtained the loan. But, the actors who haven't the illegal objective of possession in the early days of the loan, after they obtain the loan by the false ways, changed their objective and produced the objective of the illegal possession during the process of performing the contract of the loan, and handle the loan illegally by the ways of transferring, concealing, etc. This kind of behavior should be regarded as the crime of the fraudulent loan, too. Because, at this time, the former behavior of the actor has formed an integrated system with the latter behavior through combining their objective of the crime. And, the whole system possesses the quality of the crime because of the control and adjustment of the objective to the behavior. The objective of...
Keywords/Search Tags:Several
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