On The "Major Loss" And "Other Severe Plans" In The Crime Of Defrauding Loans

The "significant losses" and "other serious circumstances" in Fraudulent loans Crime belong to "serious circumstances",they should be the constituent elements of this crime and have the important function of dividing crime and Non-crime.But the situation that "significant losses" and "other serious circumstances" has a fuzzy meaning leads to the certain irregularity of application of judicial practice. So, we need further explanation of these two concepts. "Significant losses" and "other serious circumstances" are constituted by the evaluation factor "significant", "serious" and factual elements of the "losses", the other "circumstances". "Losses" means the ultimately uncollectible loan principal and interest after the financial institutions exhausting all remedies. "Significant" modifies economic losses, can be represented by the amount and be identified by referring to loan fraud, Illegal Loaning Crime and the reality. "Circumstances" per se should reflect illegality and has considerable resistance with "losses", which mainly refers to the creation of risk which is prohibited by laws and regulations for the credit funds. "Serious" is largely dependent on the judges’ experience to judge.