Research On Judicial Determination And Legislation Improvement Of Crime Of Fraudulent Use Of Loans

In 2006, the state issued the sixth amendment to Chinese Criminal Law ,with a new strict clause is for defrauding loan behavior. In the mode of Legislation ,innovative regulative mode of loan purpose and means at the same time has replaced the single mode of paying more attention to the regulation of the loan purpose. But in practice, how to identifying diddle lending has a lot of problems. In this paper, on the basis of the current judicial problems ,we have combined with the case to take a in-depth study to lending practices .In addition, this article will analyze the criminal policy of financial crime and legislation model in our country,in order to put forward some responsible proposals to legislation.This article focuses on judicial determination and legislation improvement of Crime of Fraudulent Use of Loans from four parts. The first part put forward the difficulties in judicial determination, and then analyze the causes. The second part deep analyze constitutive elements, and focus on the objective aspect, including act of swindling,causal relationship between act of swindling and taking out a loan,and damage result. The third part is judicial determination, including cognizance of being crime or not, criminal pattern, and other knotty problems. The forth part is improvement advises of legislation,including that this crime could be changed into crime of general danger, the act of malicious evasion of credit debt should be criminalized,and the selfish departmentalism of financial management and single criminal beating pattern in our country should turn to selfish departmentalism financial transactions and comprehensive treatment.