Research On Fraud Crime Of Loan

In today's rapid development of market economy, China's economic growth rate is particularly prominent on the global produce important contributions. Financial development of the whole world has become a system. It can be described as indeed affect the whole body. Blacksmith still need its own hardware, in order to be able to contribute more to serve the community, we first need to speed up our own financial development. The law is for the orderly development of China's financial services field. Further speaking, the first need of our own laws to address gaps in order to maintain the dignity of the law. However, with the continuous development of society, the threat to the normal development of the financial sector that exists is constantly increasing. Loan fraud is one typical example. Therefore, this article attempts to finance the development process of this great stumbling block to the loan fraud to give a comprehensive analysis.In addition to the full text of the introduction and conclusion in total divided into the following six parts:Part I: Evolution of Loan Fraud legislation and research significance. From the beginning of the founding of the aspects about the financial situation of criminal legislation in the area said that he go until the promulgation in 1997 of the existing criminal law, and only then as a separate Loan Fraud charges formally included in the Criminal Code. This type of fraud is a further refinement of crime, thereby completely drawn a line and fraud, and also broke the previous encounter lending fraud which had to be treated in accordance with fraud embarrassing situation. With the rapid credit business loan fraud way constantly "rich." Some lenders fraud under the existing criminal law finds it appears ambiguous. And judicial practice, the same behavior ultimately come to different phenomena verdict is also not uncommon. Therefore, in order to better serve the financial sector, it is very necessary to further explore this crime.Part II: Concepts and Elements of Loan Fraud. The part of this crime by comparing different concept and then analyzes the constituent elements of the crime of crimes. First, the crime of illegal possession purpose connotation analysis, that the illegal possession of this crime in the criminal law sense is all illegal means. In addition, the establishment of this crime, the time point of the mesh generation can only be subjective behavior before applying for loans from financial institutions. In addition, there are also analyzed to legal means and untrue manner after obtaining credit and produce the subjective purpose, it should be how to identify the problem. I believe that, in accordance with the provisions of the existing criminal law offenses, the former general loan dispute should be processed or embezzlement. The latter in order to obtain a loan offenses. For the purpose of judicial cognizance of the subjective, the paper endorsed the "subjective and objective consistent" theory. This is a presumption of judicial process. Through the implementation of the objective behavior of the actor's performance to the presumption of the existence of the subjective state of mind. For the subject of the crime, this section focuses on whether the unit can be included into the scope of the subject of the crime. By comparing the different theories, I also agree with the legislators understood then why not put this unit included in the scope. But now, with the maturing of our social and economic component units in a loan fraud phenomenon, more and more units into the scope of the subject of the crime the time is ripe. Objective focuses on the constituent elements of the chain of fraud identified the object as well as two cases of this crime are violated.Part III: Loan Fraud identified. First of all, it comes to the definition of this crime or crime, the core is the existence of "illegal possession" of the subjective state of mind before the loan. Secondly, with regard to common crime it can be divided into natural persons and units as well as units with three different types of units between natural persons. Natural persons in our country can be divided into identity and commit no crimes of status, how different combinations of these cross each other to form identification analyzed. Again, with regard to the existence of the crime and how the Form of Attempted Crime distinction given to elaborate. The key distinction between this crime four kinds of forms completed correctly grasp is that "start" and "Accomplished" two points in time. On "proceed" should be concerned about whether the conduct violated legal interest caused by the urgency of. Time of this crime should be started when submitting loan applications from the start to the perpetrator. If the financial institution has not misunderstand, it is not possible to proceed with the criminal law identified as sense. The key to determining whether Accomplished crime is to look at the constitutional elements in place or not.Part IV: Loan Fraud criminal responsibility. This section focuses on the crime in the crime in sentencing subject to different principal, accessory and so should follow, "said the amount involved in" differentiated held criminally responsible. The "amount" the important role of sentencing for this crime and therefore, the author discusses the problem of the standard amount of crime into the penalty, that is, 10000 for the prosecution standards. This chapter also explains how to complete the form for different crimes loan fraud shall sentencing issues.Part V: Comparison of foreign loans of fraud and China Loan Fraud and Its Implications. The parts list and thus of comparison and analysis of crime except through loans to Germany, the United States, Russia, three countries with a typical representative. Then, according to China's specific social situation targeted lessons.Part VI: Loan Fraud Defect and Perfection. This part of the above described fifth part about this crime against our country and foreign loans and crime are compared to today's perspective to the analysis of this crime, and then found this place on the provisions of the Crime of deficiencies through. Made personal recommendation for these deficiencies. We consider that it should be the "unit" of the body into the body of this crime category. In addition, common crime in the judicial practice process for identity and non-status offenders are offenders Perpetrator when, according to "imagine competing with some common crime to say" to deal with than the direct assertion of the identity of offenders corruption crime is more appropriate.