The Study Of The Subject Of Loan Fraud

The enterprise loan fraud is a huge amount involved in enterprise loan fraud which led to the losses by the state is not easy to recover, its serious social harm also caused orderless in the loan management system and financial management order. Due to legislative oversight, excluding enterprise outside the subject of Loan Fraud caused there are a lot of controversy in the judicial practice.Main body of this article from the two loan fraud case on the issue as a starting point, mainly for the main body analysis the subject of loan fraud, determine the three main problems, first is Wang Jianmin behavior in case one namely for the enterprise loan fraud, we want to make sure of is the unit, if not the unit behavior is in accordance with natural person crime of loan fraud the processing, if is a behavior is not in conformity with the contract fraud crime component, if meet the units and units in accordance with the contractual crime of fraud of the directly responsible person in charge and other directly responsible personnel double be punished according to the crime of fraud of the contract. If it is a unit of loan fraud and do not conform to the crime of fraud of the contract has no legal provisions. Second it is for one man company loan behavior qualitative. One-man company’s loan behavior we need to determine whether one company has the unit crime subject qualification, if one company has the unit crime subject qualification, the behavior made and actions for the unit, so it can set up the unit crime, if you don’t have the unit crime subject qualification, so its behavior should be to natural person crime. Second case of overflow clothing company has the unit crime subject qualification, but Zhou lian even dominate lending behavior is not unit behavior, so Zhou lian couldn’t use the reason that he exercise the unit behavior to reduce his criminal responsibility. Third is defrauding loans will be included the units in the subject of crime though to some extent make up for the deficiency of the crime of fraud of the loan, but it does not need to have the provisions of "illegal possession", make "purpose of illegal possession" is units lending activities there is still no law rules. Finally, the legislation perfect of the subject of the crime of loan fraud suggestion are put forward.The research method is a comprehensive discussion of methods, use the method of case studies based on actual cases, combined with theoretical study.