Research On Crimes Of Cheating Loan, Bills Acceptance And Finance Tickets

Crimes of cheating loan, bills acceptance, finance tickets is the new crime of the tenth of Amendment VI to the Criminal Law of People's Republic of China. It is advantageous to maintain the finance order, guarantee finance reputation. From the legislation value, establish of this offense doesn't breach the value of restraining criminal law, but the concrete performance in china. It not only tight the dragnet of crime justice, and strengthen strength of stroke finance crime. About the accusation, though Supreme People's Court and Supreme People's Procuratorate have promulgated explanation, scientificalness and rationality about the accusation will still be carried out the long range investigation and discussion theoretically.From the crime of this offense constitute side, the natural person and the unit corpus both can compose this crime. The subjective aspect of this crime is intent, direct intent and indirect intent .Negligence can't compose this crime. This crime doesn't need the intention of illegal possession, but the role of purpose in this crime can't be neglected. The same kind object is financial order; direct object is the funds usage power of the financing institution and finance reputation safety. The objective behavior of this crime shows that cheating loan, bills acceptance, letter of credit, letter of guarantee. As long as having one of that can compose this crime. On damage result, as long as behavior brings about heavy losses or other grave circumstance can compose the crime. There are many differences between this crime with crime of loan fraud, the crime of transferring loan at high interest. Collusion with insiders in financial business can constitute accomplice. When people cheat loan, bills acceptance, finance tickets with forged means, having means behavior and purpose behavior relation, should be punished for implicated offense.