The Judicial Practice Research Of Crime Of Loan Fraud

Crime of Loan Fraud is an important crime in the financial field which was a partof fraud. With the development of economy of China, it is a new type of economicfraud differentiated from the crime of fraud. China’s criminal law scholars havewidely discussed this crime, but there are still many issues worthy of further study.Because of the different understanding of Loan Fraud in theory and judicial practice,there are many error applications. In judicial practice, there are some problems havenot yet been resolved, for example, the elements of the crime, crime forms anddistinguishment of crime from others. This paper attempts to sort out somecontroversial and representative issue, so that people can have a comprehensive,multi-level and specific understanding of the Crime of Loan Fraud. Then base on theanalysis of the main problems of loan fraud crime, we make some recommendationsabout the application of the law, which can promote the legislation improvement andmaintain the authority and seriousness of the law.This paper is divided into six parts:The first chapter introduces the history of the Crime of Loan Fraud in China andthe regulations about laud crime of foreign country. With compare between China andforeign countries, the conclusion may give enlightenment on China’s legislative andjudicial practice.The second chapter focuses on objective elements of loan fraud crime, analyzingthe “the way of other methods of fraud loans”, the way of defrauding a guarantee forthe loan and the amount of this crime. Although the four legal ways of loan fraud crime happened during the loan application procedures, it doesn’t means that thelegislators deny “other methods” can happen when actor use the loan. In thecircumstances of defrauding a guarantee for the loan, the actor commits the crime ofloan fraud while he implement the fraud behavior with illegal possession purpose.The amount of the crime is one of elements which establish this crime, the standard ofconsummating crime is the crime has made actually harmful consequences. Thiscrime is a genuine crime which the value of criminal consequence must meet thestatutory amount, therefore the attempted crime is only punished as the consequencereaches a larger amount.The third chapter discusses the meaning of illegal possession purpose, andsomeone who gain the loan by cheating even after he gets the loan legally whetherconvict a crime. The illegal possession in criminal law refers to the property lostcontrol from its legal owner and under some other people’s domination. Someonewho gain the loan by cheating even after he gets the loan legally can also constitutethe crime of loan fraudThe fourth chapter discusses the issues of corporation and other group defraudsloans and personnel of banks or other monetary institutions involves in a joint crimeof loan fraud. As the corporation and other group can’t commit the crime of loanfraud, they should be prosecute in crime of contract fraud. The writer use a case toanalysis the second issue, we think if the personnel of banks or other monetaryinstitutions behavior have a substantive impact on the establishment of a crime.The fifth chapter is a comparison of some similar financial crimes in order toclarify the criminal regulation of loan-related crime. First of all, the difference amongcrime of loan fraud, obtaining Credit and Gregory Lending is the criminal purpose,then the subject of the crime. In practice, offenders often use false bank certificates ofdeposit to obtain the loan, because the object of this behavior is special, in my opinionthis kind of behavior shall be considered to be crime of loan fraud but notcrime of financial certificate fraud.Final party is conclusion. On the basis of the first five chapters, reaffirm theauthor’s view on controversial issues covered by the Loan Fraud. The author’s believe that in order to maintain China’s financial management order and protect financialinstitutions and property, we should not only improve the legislative technique ofCriminal law but also strengthen the contribution of the whole legal system.