On A Study Of The Crimes Of Obtaining Loan, Bill Acceptance And Financial Bills By Cheating

With the development of society and economy, a series of harmful acts to financial order, which impacts on our financial security and social stability, are emerging. However, because of the defects of97’s Criminal Code, these serious harmful acts to financial order were merely done by civil remedy and the administrative penalties whereas there was lack of criminal sanction. The new crimes of obtaining loan, bill acceptance and financial bills by cheating, which were added by the sixth Amendment to Criminal Code in2006, made up for the lack in this area. Therefore, legal interests could be protected. From multiple dimensions and levels, firstly, this thesis states the legislative background, elements of the crime, distinguish of relative crimes and criminal forms for the accurate application in justice. And then, from the viewpoints of legal theory and practice, this thesis clarifies the necessity and appropriateness of adding this new crime. Thereafter, using the contrasting research method, the writer makes a comment for the different legislative patterns of Germany, Russia, and USA to make readers more understanding this crime deeper under the same context. What’s more, the writer explains the juris value and social value to adding this crime. In the second chapter, the writer analyses the constitutions of this crime by specifying the meso-level. Firstly, the writer clarifies four common kinds of objective dangerous acts, namely, the act of obtaining the bank or other financial institutions’loan by cheating; the act of obtaining the bank or other financial institutions’bill acceptance by cheating; the act of obtaining the bank or other financial institutions’ letters of credit by cheating; the act of obtaining the bank or other financial institutions’letter of guarantee by cheating. Secondly, the writer analyses the dangerous results of this crime, especially, emphasizes the accrue meaning of great loss and distinguish of general civil defraud. Thereafter, from the subjective aspect, the writer makes conclude that the fault of this crime is intention. In the third chapter, this thesis analyses the judicial determination on this crime. First, this thesis states distinguish between this crime and relative crimes, especially distinguish among the crime of loan fraud as well as crime of high interest loan. In accordance with the principle of legally prescribed punishment for a special crime and the principle of suiting punishment to crime and criminal responsibility, different crime will have a different penalty. Thereto, determining the specified crime is very important. At last, the writer analyses the joint crime and suspended situations of crime to make people understanding the complex patters of crime. In the end, the write restates this thesis’research purposes and the crucial issues wanted to resolve.