Study On Crime Of Obtaining Loans By Fraudulent Means

The newly increased crime named Crime of Obtaining Loans by FraudulentMeans comes out when the Criminal Law Amendment Six of P.R.C is passed in2006.The article10of the Criminal Law Amendment Six of P.R.C defines the concept ofCrime of Obtaining Loans by Fraudulent. The establishment of Crime of ObtainingLoans by Fraudulent Means aims to crack down on fraud and maintain the financialmarket integrity. At first the Criminal Law of P.R.C only focus on the originalpurpose of the loan. Now it is also focusing on the method of the loan. This means theCriminal Law of P.R.C has made a step forward. But there are still some problemswith identifying the Crime of Obtaining Loans by Fraudulent Means in juridicalpractice.This paper will analyze and proof the problem in identifying the Crime ofObtaining Loans by Fraudulent Means in juridical practice from three aspects. Theauthor will introduce the Crime of Obtaining Loans by Fraudulent Means from theconcept and the legislative evolution and the significance of the Crime of ObtainingLoans by Fraudulent Means in the first part of the paper. The author will introduce theConstitution of the Crime of Obtaining Loans by Fraudulent Means by introducingthe object and the objective aspect and the subject and the subjective aspects of thecrime in the second part of the paper. The author will introduce the differencebetween the Crime of Obtaining Loans by Fraudulent Means and other relevantcriminal.At present, the development of China’s financial industry is very rapid, thefinancial market is becoming a very important part in the whole market system, theorder of the financial market is very important to the development of the nationaleconomy.But behind the prosperity of financial market, there also emerge manyproblems, one of the more prominent is the bank loan fraud behavior.The CriminalLaw Amendment Six of P.R.C of the crime of fraudulent loans set a goodcomplement to the crime of fraud of the loan which request to the illegal possession for the purpose of legislation flaw,and close combat the financial crimes. Setting upthe crime of fraudulent loans has the very vital significance.This paper mainlydemonstrates that in defrauding loan crime, should be strictly in accordance with theprinciple of legally prescribed punishment for a specified crime,according to theconstitutive elements of the crime of defrauding loans specific identify whetherconstitute the crime of fraudulent loans..At the same time,also show a way to distinctthis crime and the crime of loan fraud, Gregory lending sin, In three cases with theconcurrence of the crime,with the criminal law theory and practice to specificallyidentified, so that match the principle of suiting punishment to crime.