Identification Of Loan Fraud In Judicial Practice

With the continuous development of economy, as a common financial fraud in judicial practice, Loan Fraud is showing increasing social harm which now has evolved into an high incidence rate, means diversified, high-impact range vicious crime and seriously jeopardize the country's financial management order and capital loan ownership of financial institutions. However, due to the provisions of China's Criminal Law is not perfect, and coupled with the unique complexity professionalism of financial crime, all the above increases the difficulty of the crime identification in judicial practice. In order to combat and punish crime more accurately, but also in order to better safeguard justice and human rights, we need to discuss that correctly cognize of Loan Fraud. Laud Fraud is for the purpose of illegal possession, fact or fiction to take the approach of hiding the truth, defraud the bank or other financial institution loans, having larger amount acts. Loan Fraud is for the purpose of illegal possession, this legislation provides for the rationality of its existence. T he purpose of illegal possession is made up of the meaning of excluding and the meaning of using, both are indispensable. It is generally based on the current legislation in judicial practice, from the application of the onus probandi inversion and judicial presumption that operating two ways to solve the problems of determining specific purpose of illegal possession. Only the provisions of the main natural, units do not commit this crime to be punished, credit fraud how to stratify have a great qualitative differences between the units, there are mainly crime equivalent theory, innocent theory and mediate theory. Because there are a lot of Loan Fraud unit in real life, units can be provided for the main body of this crime in line with the units constitute a crime to be imposed, conviction and sentencing in favor of the right. Presented in article one hundred and ninety-three of the criminal law in our country four kinds of objective behavior and five kinds of "fraud loans in other way the " fifth " fraud loans by other means" belongs to the out clauses in the criminal legislation, the explanation for out terms, we must pay attention to its homogeneity, as long as the person's behavior has the nature of the fraud, no matter in which period of time, it shall be considered to be the fifth kind of "fraud" loans by other means. Criminal object of this crime is a bank or other financial institutions loan, to define the scope of the bank or other financial institutions for the criminal object of this crime is necessary. The people's bank of China and small loan company in the respect of criminal law has the nature of the financial institutions, so that the people's bank of China and small loans to the company's loan can be criminal object of this crime, behavior person fraud and the people's bank of China microfinance loans constitute the crime of fraud of the credit of the company.