A Research On Crime Of Obtaning Loan,Bill Acceptance,Finacial Bill

The newly-increased New Accusation named Crime of Obtaning loan,Bill Acceptance,Finacial Bill,is established on article 10 in China'sCriminal law bill for amendment(vI) Which was passed on June 29, 2006 the22nd session of the Standing Committee of the tenth NPC. An relatedadditional regulation was made to define the new accusation describedabove by the Judicial Committee's of Supreme People's Court and theSupreme People's procuratorial Committee of the Supreme People'sProcuratorate . This accusation regulation has not merely formed theaccusation system of the loan crime in the criminal law of our country,and also help to solve the difficult problem of identification of "illegality purpose of occupation" in the judicial practice through thelegislative way which prescribed crime is not made by the purpose,and itexpands the range that the punishment regulation is made to other creditsuch as the coupons, letter of credit, letter of guarantee from the loanto other assuring file, thus safeguard our country's normal financialmanagement order effectively.But there are some problemes of theregulation in this crime that the content is not certained and thelegislative thinking is not very clear and so on . So the exploration is needed to solve the problemes such as how to define the accusationscientificly ,this crime should be decided by the offence of result oroffence of the act or offence of the circumstances and thus leadstotheproblemes as what is the standard of the establishment oraccomplishment of the crime and the demarcation line between the crimewith the relevant crimes,etc.This thesis wish to give a morecomprehensivelyand deeply analyse and research on this crime, so as tohave a correct understanding of the crime and meanwhile hopes to havebenefit on instruct justical practise scientifically and theperfection of legislation of the crime .This thesis is devided into 4 Chapters.Chapter 1 a General introduction of Crime of Obtaning loan,BillAcceptance Finacial Bill. The contents includes two problems of thelawmaking investigation and criminal charges, the writer thinks thecriminal charges of this offense should be defined for Crime ofObtaning loan,Bill Acceptance,Finacial Bill ,letter of credit,theguarantee document offense.Chapter 2 The constitutive requiremnets of Crime of Obtaningloan,Bill Acceptance,Finacial Bill .According to the research methodin the traditional penal Crimiology, in this section the writer analyzedfours parts of constitutive requiremnets of the Crime,thinking the objectof the crime is the business management system of the financinginstitution and the bargain principle of the honest reputation.Thecriminal offence of this offense should be definited for act of cheatto take.The meaning of the word "etc" in the object of crime should beother financial business with bank or other financing institution suchas direct or the indirect legal rightand debt obligation relation inaddition to the loan, bill acceptance,letter of credit, the backletter .As for other other kind of credit service which cannot form direct or the indirect creditor's rights or debt relations with the bank or otherfinancial organ, like credit proof, the deposit receipt, the relatedproperty aspect's warrant, the agreement, the intention statement and soon made by the bank or other financial institution ,must be removedoutside of this crime crime object.The credit card of the drawing function,should also be removed outside of this crime's crime object ,because thecriminal law has the stipulation in addition. And believed the statemnt"will cause the heavy losses"as the constitutive requiremnet isinappropriate, must be deleted. This crime's subjective aspect lines indirect deliberate intention, without the goal of taking wrongfulpossession and illegal seeking profit.Chapter 3 Judicial Determination of the Commission of Crime ofObtaning loan,Bill Acceptance,Finacial Bill .This section includes:demarcation line between crime and not crime ;the difference among Thiscrime and loan crime of fraud, usury onlent crime, bill crime of fraud,letter of credit crime of fraud ; the problem of Joint offense and Crimeform ; determinationg of the use act after obtaining.Chapter 4 Rethinking and Suggestion of The Crime's Legislation .Thewriter believes that this crime's legislative mentality is unclear andthe indictment structure logic is chaotic; This crime uses the legislativepattern of offence by circumstances; The unit loan crime of fraud shouldadditionally be established to consummate the accusation system of theloan crime of fraud.