A Study On The Difficult Problems In The Determination Of The Crime Of Loan

Financial industry is the great promotion for the development of modern economy. The situation of financial industry directly relates to the development of our country, and influences the stability of our regime. With the continuous development of market economy and the increasing prosper of banking industry, the credit industry, which is an important financing channel for the development of market economy, also develops in a rapid speed. Nowadays, some criminals make use of the weaknesses of our credit industry, and implement different kinds of crimes of financial fraud. Not only all these activities cause great damage to the credit industry, but also seriously violate the capital ownership of banks and other financing institutions. As an important part of the crime of financial fraud, the crime of loan fraud belongs to the crime which is recurrent and severely destructive. Since the crime of loan fraud was prescribed in the Criminal Law Of1997, a lot of criminal specialists and jurists have learned and done researches, and theories of the crime of loan fraud have developed rapidly and been more and more mature. However, we often meet a lot of difficult problems on the process of judicial recognition of the crime of loan fraud. The reasons are:on one side, the prescriptions of the crime of loan fraud in the Criminal Law are still incomplete; on the other side, banking industry has its owner profession and complexity. In order to crack down, punish the activities of loan fraud and better safeguard the dignity and authority of our laws, this article chooses some argumentative and difficult problems on the process of judicial recognition of the crime of loan fraud, and do some discussions and analyses.This article consists of five parts. The first part mainly tells the affirmation of the purpose of illegal possession of the crime of loan fraud. In this section, its definition is clarified firstly. Then, it states the necessity of the purpose of illegal possession. The purpose of illegal possession is the subjective factor of the crime of loan fraud. The purpose of illegal possession is an important standard which can determine whether the crime establishes or not. At the same time, it can determine the type of crime. At last, it illustrates two ways to recognize the purpose of illegal possession. In order to recognize the purpose of illegal possession, we mainly use the method of judicial presumption and allow disproof.The second part mainly discusses the affirmation of some objective deeds of the crime of loan fraud. Through listing some objective deeds, our criminal law illustrates the crime of loan fraud. In this part, two ways are chosen to state the objective deeds. Besides, it illustrates the rest ways which are regulated in the criminal law and lists some specific manifestation in the process of judicial practice.The third part analyzes the recognition of the accomplices of the crime of loan fraud. In this part, three situations of common criminal acts are discussed and declared. At last, it states the recognizance standard of the amount of conviction in the common criminal acts.The forth part is the recognition of the accomplished and attempted crime of loan fraud. Material damages are chosen as the standard of the accomplished crime of loan fraud. In the process of recognizing the attempted crime, this part states the criterion of the start of crime.The last part is how to recognize the nature of some cheating acts by working units. In this part, the writer analyzes and evaluates three theoretical disagreements both in the field of theory and practice. At last, facing the three theoretical disagreements both in the field of theory and practice, the writer puts forward that working units should be added as the subject of the crime of loan fraud and illustrates the necessities from many aspects.