Research On The Determination Of Crime Of Fraudulent Use Of Loans

Since the crime of obtaining credit was formulated in the Criminal Law Amendment (six) under, the identification of related criminal acts have a clear legal basis fr, which played an important role in terms of financial management and financial security, but judicial practice identification of the charges, there are still many differences, mainly on how to understand the purpose of illegal possession of the crime of fraudulent loans? The perpetrator’s subjective sin is intentional or negligent, or both willful negligence there? How to understand and identify the deception in this crime? How to understand the sin cause significant loss or other serious circumstances?Based on the thinking of these issues, the paper is the problem of identification of the crime of obtaining credit.Apart from the preface and epilogue, Body is composed of five parts.The first part, It mainly tells us the crime of obtaining credit in the legislative, judicial, and identified the problem. First on the profile and significance of the crime of obtaining credit legislation stated the article from the defraud the establishment, to the related credit class counts of Loan Fraud and Gregory lending crime of the establishment, to defraud the establishment of the crime of loans, to clear the fraudulent loans the legislative background of the crime, combing the context of law-making, to recognize whether it is perfect for the law or the protection of the financial security, has a very important role in the identification of the crime of obtaining credit. Secondly, the use of the method of data analysis, statistical practice after the establishment of the crime of obtaining credit. Again, the use of specific cases, leads to problems in the practice of the crime of fraudulent loans, mainly on the subjective aspects sin and subjective purpose, objective aspects of behavior identified circumstances are identified and how related offenses distinction? As discussed below pave the way.The second part, the subjective element of the crime of obtaining credit identified. The purpose of illegal possession of two parts from the sins of the crime of obtaining credit and elaborate. Subjective sin, the first of four different views of academia clarify, and then I clear Ho as the crime of "endangering Results, use the most basic knowledge of criminal law theory and the Arts and interpretation of the behavior of people if there is a direct intentional indirectly willful negligence, negligence, overconfident fault followed by discussion, came to the conclusion that the crime of obtaining credit in the main sin is the indirect intentional and overconfident negligence; illegal possession for the purpose of illegal possession, first clear what, the use of comparative analysis, come here for "illegal possession" is different from the civil law of possession, is illegal all mean, can not simply be equivalent to the possession of one of the ownership of four power in the civil law, which not only control refers only to control the property, more in control of the matter on the basis of its appropriation as an investment, and other means. Second, how to identify whether the perpetrator has "extraordinary possession purpose, must rely on external behavior from three aspects to determine the perpetrator awareness of their capacity to repay the loan, the perpetrator of loans obtained from the use of. To determine the behavior of people in the maturity of the loan is not in accordance with the agreement to repay the loan on time. Finally, obtain loans for the perpetrator qualitative analysis of the cases the purpose of illegal possession case because the crime of obtaining credit is a combination of acts committed and results guilty Accomplished to cause significant losses to the bank or other financial institution or other serious circumstances standard, if harm results that cause significant losses to the bank or other financial institution or other serious circumstances, this is the result of hazards in the subjective purpose under the guidance of the purpose of illegal possession constitutes perpetrator of Loan Fraud.The third part, finds that the act of the crime of obtaining credit. This section includes the identification of deception and fraud, and fraud is not as elaborate. Cheating, first make clear what "deception", drawn deceit should do substantive explanation, only enough to affect the financial security to the banks or other financial institutions may cause significant loss or other serious circumstances, is the fraudulent loans crime of "deception", also made it clear for the deception but also open to error distinction. Then elaborated from two angles of the the fictional main qualifications fictional material to determine what is "deception"; from the criminal acts and omissions of the theory,"cheating" connotation and behavioral obligations of view, cheating includes omission.The fourth part, finds that circumstances of the crime of obtaining credit. The identified part from a "significant loss" and "other serious circumstances" of the plot. Come in "significant losses" section, by analyzing the basic structure of the crime of obtaining credit, the essential constituent elements of the "significant loss" is not the sin. Identified "significant loss", the first range of loss, pointed out that the wide range of significant loss, and should include both loans because they can not repay the loan resulting in losses caused by financial institutions, should also include the the general loss caused by the financial institutions to restore loan, Then determine what losses can be drawn in accordance with the relevant provisions from defrauding the amount of the loan, number of times, the amount of losses identified significant losses."Significant loss" time standard to determine, through the comparison of multiple perspectives draw significant losses identified only after the expiration of the contract filing prior to the time standards, and then from the three aspects of the reason why this time is standard reasons (1) It is not for the purpose of illegal possession requirements of the crime of obtaining credit.(2) the need to promote positive repayment of the lender.(3) This is to prevent the need to combat too wide. Quantitative criteria for the amount of the heavy losses, should result in the loss of up to two hundred thousand or deceive the amount of one million standard. Finally defrauding loans "robbing Peter to pay Paul" situation analysis, concluded that behavior means to obtain bank loans are deceived, it should be identified as a sin, if there is evidence to prove its no illegal possession of the purpose of obtaining credit is scheduled to sin, otherwise identified perpetrator purpose of illegal possession, given loan Fraud. Part of the "other serious circumstances, advocates from the severity and the defrauding defrauding means behavior means the seriousness of the two identified" other serious circumstances.The fifth part, the crime of obtaining credit of Loan Fraud and Gregory lending crime of comparison, to come to the crime of fraudulent loans and of Loan Fraud The main difference is subjective whether the purpose of illegal possession, obtaining credit of sin and Gregory lending sin the difference is whether Gregory lending behavior and purpose of illegal possession, to provide a reference for future accurately conviction and sentencing.