Research On The Crime Of Loan Swindling

Amongst diverse crimes of swindling often met in judicial practice, the crime of loan swindling has become an evil element which damages the normal order of the financial administration in our country, let alone its serious bad effects on the human society. For the sake of legislation, there exist a lot of disputes on the definition of this sort of crime as well as matters related to it. Thus it has brought many problems to the executive departments of justice. In order to prevent and punish this kind of crimes, this article tries to show us the initial exploration the author made in this field on the basis of a combined analysis of both the provisions listed in the criminal law and some real judicial practice. Here are the main parts the article discusses.The first part is mainly on the study of the subjects in the crimes of loan swindling. And three key points are illustrated here: for the loan cheating made by working units, the whole unit should be responsible for the crime and should be punished according to the provisions about contract swindling cases; some special criminal subjects should be discriminatively paid attention to; for the crime made by a certain individual, we should make it clear if the investor carries out a cheat in the disguise of the whole company.The second part gives the study on the illegal purposes of possessing. There are four points listed below. The purpose of an illegal possessing should be taken as an essential component of the crime of loan swindling. In fact, an illegal possessing implies the crime subject's intention of exploiting others' ownership of their property. This purpose must be the one appears and exists in the whole process of making a loan from the bank and then using it in practice. So when the crime is to be judicially defined, behaviors of the crime subjects in procedure of applying for, using and returning the loan should all be considered.A study on the objective behaviors of loan swindling is analyzed in the third part. Three points are explained in this part. First, the author classifies the catalogue of economic contracts based on an understanding of them. Second, he gives an analysis of the detailed contents and ranges that a certificating document should have, basing on the understanding that the documents for certificating are files to verify if the applicant has the qualification for making a loan. Besides, there should be an common identity internally between other methods and other four behaviors, that is, the time and space elements in analyzing the crime of loan swindling should only be limited in the course of making a loan by the doer. The writer also studies its common features.The last part of the article gives a further study on how to make a judgment between the accomplishment of crimes and the attempt of crime of loan swindling. The author gives three viewpoints here: the yardstick of the above judgment should be that the financial institutes like banks really lend the loan to the doer. When it's a cheat one after another, the loan swindling should involve all the money in the accomplishment of this crime. The last point is to make it clear that the crime begins just at the very moment the doer provides false application materials to the bank. But in the loan cheating attempted situation, different the nature is different because of the behavior time...