Research On The Legal Application Of The Crime Of Load Fraud

To cater to each big bank rolls out "loan installment car" business,many car sales business supporting a called " zero down payment loans" the new car loan pattern of attracting,attract customers,such as car sales enterprise by helping buyers forge the loans,credit materials,inside the bank credit audit personnel,with the help of the buyers on the premise of temporarily do not need to pay any financing to buy vehicles,at the same time can also help the buyers to get a loan of excess.So much the temptation to make a short period of time can attract a large number of customers deal with car business,car sales enterprise to obtain interest as a mediator.But this car model lurks a huge risk,along with the advancement of reimbursement deadline,Banks started late payments of large-scale outbreak of car installment loans,so Banks began to demand that the intervention of the public security organ.This thesis intends to through to the " zero down payment loans" car model in detail,and combined with the actual case,further classification analyzes the different characteristics of the buyers based on "criminal law" provisions,explore the " zero down payment loans" purchasing the small loans in the case of criminal laws problem,analyzes the shopping behavior of civil disputes and criminal regulation of selectivity,loan fraud and swindle crime of two boundaries,the pros and cons of the special crime constitution of the crime of fraud of the loan and the presence of measure,in order to achieve effectively punishing crimes with categories,to give beneficial reference to judicial practice,to maintain national normal financial order and the purpose of the market economic order.In conclusion,In the handling of the "zero down payment loans" car model case,not because of the emergence of the late repayment,the borrower's repayment status refused to loan fraud to qualitative treatment,and should be specific and comprehensive analysis of whether the borrower has the purpose of illegal possession.Because in the loan process,the reasons vary overdue owing on the loan.There is the distinction between subjective and objective,so in-depth analysis of "defective mortgage zero down payment loan purchase" in the case of the loan payment has not yet expired,in other investment loans taken for profit for loans,loan performance capability of obtaining loans means the use of the basic reason of loans,loans can not be returned and the related facts of comprehensive analysis,to determine whether it has the intention of illegal possession for the purpose ",but not because of this three kinds of situations that have Illegal possession of the purpose,so as to determine the crime of loan fraud.