Crime Of Fraud In Loan Of A Number Of Problems

Along with the reform of our country's financial system deepening, the financial business is also to tend to the internationalization and market to turn. All our existing laws are felling behind in the course of normalizing financial activity. Some realm even rare norm, thus became The Vacuum District For reaping staggering profits, some criminals aim crime target at bank or other financing institutions, the crime deceiving loan is increasingly rampant At present, the situation of crime deceiving loan and other financial crimes is gradually rigorous. Speaking up from a certain degree, they have become important factors to induct the financial risk and financial crisises of local areas and hinder the process of market turn of our country's economic. For this, National Peoples Congress rules the crime deceiving loan in Concerning Cure Decision of Break the Financial Order Crime , the rule is taken into the absorption in 1997 revise of Penal Code subsequently and developping the crime deceiving loan right now, ruling it in a finance of the breakage socialism market economy order offense deceive one section of offense, this produces certain positive effect to suppress occurrence of this crime .But because of the reason of lawmaking, the judicatory practice exist the certain difficulty to affirm and handle this crime. This text will emphasize the study of problems that happen in practice, expect to help the resolution of problems.This text is divided into five parts:The first part is to compare the lawmaking of the crime deceiving loan. This part mainly introduct the history origin and development and constitute of the crime deceiving loan of our country penal code provision, still introduct rules of foreign penal code provision about crime deceiving loan at the same time, get differents by comparing them and hope to have some helps to our country's lawmaking and practice.The second part is about the subjective important item of the offense deceiving loan. From the meaning of the civil law theories in the occupancy and the illegal occupancy, by comparing the illegal occupancy in the civil law theorieses and in the penal code, writer generalizes the meaning of illegal...