The Study Of Constitutive Elements Of Illegal Loan

Illegal loan, an economic crime that occurs frequently in financial fi eld, has long been the criminal target cracked down by our country due to its serious consequences of disrupting the order of the market economy a nd the property rights of financial institutions. Therefore, how to prevent and punish this kind of economic crime has great significance to the stabil ity and healthy operation of the economic order. Although some scholars claim that the objects of Illegal Loan are the financial management orders of the nation, but illegal loan ultimately violates the property rights and i nterests of the financial institutions. Only property rights have been infrin ged will it be considered as crime, otherwise the violation of the manage ment order of financial institutions alone does not constitute the illegal lo an crime. The objective aspects of this crime are characterized by a huge amount of loans in violation of national regulations, or causing significant economic losses. Firstly, ‘National regulations’ refer to relevant laws and administrative regulations as well as a set of rules on credit management established by banking regulatory authorities like the ‘General Rules on L oans’ and the ‘Commercial Bank Law’. Secondly, ‘Loans’ include both cr edit loans and secured loans. Finally, ‘Losses’ should be direct economic losses, such as the unpaid principles and interests when the case is filed. The subjects of this crime are special ones, including specific units and natural person. The former mainly refers to banks and other financial institu tions providing loan transactions. Since the People’s Bank of China can al so provide loan services, it can be the subject of this crime. The latter spe cifically refers to legal representatives of financial institutions and staffs who have the rights to conduct loan businesses. However, other auxiliary staff members assigned by them are not included. As to the subjective sid e of the crime, this paper insists on a compound guilty mind. Thus, it can be regarded as intentional crimes when lending a huge amount of loans ill egally, and it should be considered as negligent crimes when causing sign ificant economic loses. In other words, the illegal loan crime cannot be id entified as either intentional crimes or negligent ones only.