The Legislation Mistake And Cognizance Of The Crime Of Defrauding Loan

With the continuous development of science and technology,social economy has also been rapid development,a country's financial business,whether or not,often accompanied by the country's economic development.The financial business has increased,making the financial crime showing a new trend: the hidden financial vulnerabilities gradually dominant,leading to the outbreak of the conflict,not only lead to financial crimes are increasingly rampant.With the rapid development of social economy,financial institutions are more likely not to seize this opportunity to maximize their interests.In recent years,banks and other financial institutions one-sided pursuit of business performance,in order to compete with their peers,so as to relax the loan conditions,etc..This behavior may be financial crime foreshadowed,making the loan behavior "opportunity",indeed,the practice for financial fraud crime of "illegal possession" the burden of proof is often a headache,which leads to the conviction of the crime,but was unable to prove its purpose "illegal possession,not regulation,or regulation but fail to achieve the desired effect of regulation.Our original financial criminal law or to financial crimes by the concept has always been strict,but the random development of economic globalization,the original single financial form must conform to the trend of the times and become diversified,and the original form of the single financial regulations for the provisions of the criminal law but because of the diversity of financial products,trading mode change.More and more diversified means of financial regulation on crime is weak.The full text is divided into four parts.The first part is the focus of this paper,to clarify the protection of the crime of defrauding loan law has practical value and significance.Some scholars establish,to protect the legal interests of the crime of fraudulent loans is "financial management order",some scholars also testified,the crime of fraudulent loans of the protection of the interests of the law is "financial institutions financial security",the author believes that to protect the legal interests of the crime of fraudulent loans is "financial institutions property ownership,criminal law gradually from the protection of social law Yi,national law for the transition of protecting individual rights,individual rights become the priority principle.The protection of legal interest loan fraud crime is defined as "financial management order",its disadvantages,contrary to the practice of cheating is not all of the regulation to the crime of fraudulent loans;second,personal behavior and will not cause the financial management order.The protection of legal interest loan fraud crime is defined as "the safety of funds of financial institutions,there are also shortcomings,the results become the only standard,the crime of fraudulent loans crime,will expand the crime circle,private power,there is a possibility of abuse of power;secondly,the criminal law can guide the loss of machine,the results become the measure of a crime the standard,in the course of time will cause the national psychological numbness,rush into danger.Therefore,the law will define the crime of fraudulent loans for financial institutions of property ownership,not only can solve the above problems,also accord with the criminal law as the law on the protection of function,also conforms to the modesty of criminal law value.The second part of this paper focuses on the analysis of the legislative model of the crime of defrauding loans.In the beginning of the second part of the contents of the crime of defrauding loans before the legislative background and judicial disputes to make a specific introduction.First of all,discusses the loans for a larger amount of behavior is specific dangerous crimes,according to the provisions of the "(two)" the first part of the content,behavior with the fraudulent means of loans of more than 1 million,with no value dualism standpoint,which considers the existence of objective facts,but also need to consider the equivalent of the society,in other words,the amount of loans made by fraudulent means,the real danger of legal interest infringement is necessary;in addition,also need to explain the cheating behavior does not have social correspondence.Secondly,discusses the "behavior" repeatedly loan fraud behavior circumstance crime belongs to.Some scholars testified,"repeated loan fraud behavior" does not belong to the "other serious circumstances";and some justification of criminal behavior,defrauding loan.I think this view is worth discussing,crime is the protection of human rights and social security function of the plot,repeatedly multiple loan fraud behavior for a general national Abstract itself.Many multiple loan fraud behavior as one of the "serious circumstances",not only can complement each other and make the protection of human rights and social security for the plot of the function,but also can illustrate the applicability of several multiple loan fraud behavior Abstract from the general national.In the third part of this paper,the author focuses on the nature of the loss,the calculation of the amount of loss,and the standard of legal punishment.First,the "great loss" belongs to objective punishment condition inside,because the results in a loss of human behavior is not the direct result,but to the third sex behavior can cause damage results.Second,the calculation of the amount of loss should be the end of the financial institutions in the end measures can not avoid damage,the need to regulate the case of criminal law is the loss of the calculation of the amount of nodes.Finally,is the nature and essence of the times.The multiple loan fraud behavior.Third,the legislative and judicial organs should be issued as soon as possible on the crime of defrauding loans to the specific standards of criminal punishment,the author combined with the case of the major losses of the statutory penalty upgrade standard is 5 times the standard of crime.In the last part of this article focuses on the judicial determination of the crime of fraudulent loans "other serious circumstances",in the discussion of the "other serious circumstances" judicial cognizance,first of all,there are outlined in the "other serious circumstances" controversy.Secondly,the "other serious circumstances" should be identified in accordance with the standards of "significant loss"(results),"significant loss" and "other serious circumstances" in the social harm.At the end of the paper,the author discusses separately that the circumstances of the large amount of recidivism and defrauding loans are not the other serious circumstances of the crime of defrauding loans".