Discussion About The Crime Of Loan Fraud

Loan fraud crime is for the purpose of illegal possession, fact or fiction to take the approach of hiding the truth, defraud the bank or other financial institution loans,having larger amount acts. Only the provisions of the main natural,units do not commit this crime to be punished, credit fraud how to stratify have a great qualitative differences between the units. loan fraud crime is for the purpose of illegal possession,This legislation provides for the rationality of its existence. Due to the subjective purpose of the objective through its behavior. therefore, in judicial practice that the purpose of illegal possession of a presumption, often through acts of its subjective and objective purpose.Legislation for loan fraud crime has gone through a process of change in China. The legislative acts of loan fraud were confirmed in the United States, Germany and Russia, but the charges do not correspond exactly .Comparison of Chinese and foreign legislation for loan fraud crime, the majority of countries set loan fraud crime as Acts committed, admit that indirect intention can constitute the crime and define the scope of the main crime broader. The main criminal is can not be a unit in Chinese Criminal Law, and Subjective requirements for the purpose of illegal possession.Loan fraud crime and other related charges in the distinction between the practice is not completely clear Weaken. The judiciary in dealing with such cases,they were in a quandary. loan fraud crime with fraud,loan fraud crime with civil fraud,loan fraud crime with contract fraud ,loan fraud crime with usury fraud,limits of the judicial practice in the more difficult to accurately identify. Theoretical analysis and a typical case in favor of combining the characteristics of this crime to reveal.There are a lot of Loan fraud unit in real life, Units can be provided for the main body of this crime in line with the units constitute a crime to be imposed,Conviction and sentencing in favor of the right. Sentence on the issue of improving ,Configuration control of punishment is necessary, After the future revision of the Penal Code for the crime of times to take a fine system than the number of days or a fine system more conducive to the fight against crime.