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The Research On Difficult Problems Of Loan Fraud Crime

Posted on:2012-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:W H PangFull Text:PDF
GTID:2216330338959210Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Today, the market economy is developing rapidly. The financial industry has played an important role in the development of the socialist market economy. In the banking and financial business, the credit business is an effective support to the market economy in the passionate torrent of various types of market players. Through credit business, all types of market players can overcome the financial difficulties, and expand business scale. However, at the same time, a number of financial crimes against the credit industry have appeared. In these kinds of financial crime, Loan Fraud is a common one. Loan Fraud has made the credit industry in a vicious circle. Unscrupulous lenders, especially many unscrupulous business traders in the field of market economy, will do everything possible to get illegal loans as "pot of gold" or to solve the funding problem appeared in their operations. Suffering from many dead debts and huge losses, banks and other financial institutions have repeatedly strict loan conditions. And for the lender, it is not easy to meet the strict loan conditions, so they turned to obtain loans through illegal means. Then credit industry has been brought into a vicious cycle. To ensure development of the financial industry and the market economy, we must try our best to crack down on Loan Frauds. In order to identify Loan Fraud in the right way, we need to incorporate foreign legislation on loan fraud, and constantly improve the provisions of the Criminal Law on Loan Fraud. This article is divided into four parts, about 3 million words, mainly as follows:PartⅠ:Basic overview of Loan Fraud. This section summarizes the establishment of Loan Fraud in Chinese Criminal Law and the provisions of Loan Fraud in Criminal Law. Then analyze advantages and disadvantages of Chinese and Foreign Legislation. Finally, introduce and analyze procedure rules of loans of financial institutions.PartⅡ:Identify the purpose of illegal possession. This part analyzes the purpose of illegal possession from different angles. And we believe that we should identify the purpose of illegal possession follow the principle of Consistent with the subjective and objective. And analyze specific facts. Then focus on analysis of the purpose of illegal possession after access to credit, and consider that this situation can only be identified as ordinary disputes of loans or embezzlement based on the amount and circumstances, but not a Loan Fraud.PartⅢ:Common Crime of loan fraud. This part is divided into two parts. One part is talking about the common crime of non-bank staff, and the other part is talking about the common crime of non-bank staff and bank staff combined. The first part is easy to identify, for the basic theory on common crime. The other part must be based on the specific role of people in the loan. And we should also analyze if the financial institutions is deceived. After that we could identify the common crime as a common crime of Loan Fraud or a common crime of Corruption or related crimes.PartⅣ:Boundaries in identifying the crime of Loan Fraud. The boundaries to identify if the crime is Loan Fraud or not and the boundaries to discriminate Loan Fraud and other related crimes. The first part analyze the boundary of Loan Fraud and loan disputes, the identification of secured lending behavior of fraud, identification of the amount of Loan Fraud. The first part analyze the boundaries of Loan Fraud, Fraud and Contract Fraud, Loan Fraud and lending practices by the name of another person, and Loan Fraud and Corruption or related crimes.
Keywords/Search Tags:Loan Fraud, The purpose of illegal possession, Common Crime of loan fraud, Identification
PDF Full Text Request
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