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Analysis Of The Case Of Wuzhiping On The Crime Of Fraud Of Load

Posted on:2011-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:W HanFull Text:PDF
GTID:2166360305965922Subject:Law
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In 1995,the NPC Standing Committee promulgated the "broken part on the Punishment of Crimes determined financial order" to establish a Loan Fraud. China's 1997 "The People's Republic of China Criminal Law" (hereinafter referred to as "criminal") to make further provisions of Loan Fraud. Subsequent judicial interpretation of the provisions of the crime done a lot. Should be said that our existing laws in the fight against financial fraud played an important role. China's financial sector as a multiple of a serious crime against the financial order, the relevant provisions of existing laws in the fight against financial fraud, there are still insufficient. According to related statistics, the current Loan Fraud frequent occurrence of such cases, showing the starting rate case, involving a wide range of characteristics, to the country and the people and property caused serious damage it has caused a financial order and social order confusion. As the complexity of financial business and professional characteristics which makes the judicial practice of lending fraud in the correct identification and treatment there is a big difficulty. Loan Fraud in China's criminal theories on some of the problems there are also some controversy. In this paper, in Shanghai, with the typical loan fraud as a case, from the perspective of the legislative and judicial analysis and research. For the present case, the author of the case proceedings to the several issues involved in the facts and theories on the basis of a careful analysis and research. On Loan Fraud in illegal possession for the purpose of determining such issues are discussed, with a view to the judicial practice on the identification and treatment of these issues can help.The first part of this article is a basic introduction to the case. Through a basic introduction to the case to sort out the relevant point of contention in this case. The second part of the criminal law by the relevant theory on Loan Fraud in illegal possession for the purpose of such a number of issues are discussed and analyzed in detail the case; At the same time, whether the case is to obtain a loan and whether the crime is common crime analyzed. The third part of this article about the causes of crime are discussed, and deficiencies of the relevant legislation in China has expounded on the Improvement of Loan Fraud Criminal made some of the provisions of the writer's recommendations.
Keywords/Search Tags:loan fraud, illegal possession, common crime, fraud by a loan
PDF Full Text Request
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