The Case Analysis Of Enterprise Loan Fraud

After 30 years of reform and opening up, China's market economy system has been improving, at the same time, the economy has also made remarkable achievements. The development of economic is inseparable from funds, today, more and more enterprises are emerging, it's not only individual but also enterprises need funds. Especially, enterprise, in order to reduce the risk of their own business, turn to bank loans. So there is a large number of individuals and businesses to possess the funds in the name of loans. The main body of loan-related fraud tends to diversify. However, the main provisions of the Loan Defraud Crime is somewhat lacking. Therefore, Loan Defraud Crime implemented by units often takes place in the life, but according to the relevant judicial interpretations courts sentence Contract Fraud Crime accordingly. The case given in the paper is this situation. Both Contract Fraud and Loan Defraud Crime originate in fraud under the 1979 Penal Code. So one fraud behavior may violate a number of legal provisions.This paper adopts the methods of evidence-based, speculative methodological approach, supplemented by a comprehensive discussion, from the law, sociology, dialectical point of view, presents the background of the research, describes the value of the research, uses the case study method, studies with actual case, and it is written by using the method of integrating theory with practice.The brief of the paper introduces the status of financial legislation, and proposes the necessity of studying Loan Defraud. The first part of the paper describes the case and the trial of the case in detail:the case, pleadings claim, the facts and evidence, the law grounds, as well as finalize conclusions. The second part of the paper conducts a legal analysis of the case. First of all, proceeding from the controversy over aspects of the case, re-done on the case:First, identifying the subjective aspects of the perpetrator, mainly for "illegal possession for the purpose of. Because the purpose to determine is a difficult case. Several theories on the comprehensive, Proposed system of judicial flexibility in the use of judicial presumption. Second, identifying the subject of crime in the case. Unit-Crime should meet several specific Elements legitimacy element, the element of will, and the element of statutory. Third, identifying the objective area of the perpetrator. Analyzing the perpetrator behavior and the provisions of "fraudulent loans by other means" in this part. Finally, closing evaluated. The third part of the paper is the simple and obvious recommendation on the Crime of Fraud perfection. Through analysis of the case, pointing out the deficiency of the current Criminal Code provisions on loans fraud. The article claims "setting corporation as main body of crime" and " legalizing the base facts of presumption of illegal possession purpose". Conclusion of the paper, affirming the Court's determination, at the same time reiterating that the legislature should improve Loan Fraud.