On The Judicial Determination Of The Crime Of Fraudulent Loans

The Crime of Fraudulent Use of Loans is the addition of Article 10 of the Amendment to the Criminal Law of the People's Republic of China(VI)promulgated in 2006,aimed at solving the judicial practice difficult to determine the purpose of illegal possession.But also by deception to obtain loans from banks or other financial institutions,and financial institutions to bring a greater loss,seriously endangering the financial management order,the rapid growth of such cases,which prompt legislators to embark on the constituent elements of loan fraud,not for the purpose of illegal possession,only by deceptive means and results to regulate,in the early stages of legislation has indeed played its due role,but with the financial sector innovation and development today,the act of defrauding loans is becoming more and more complicated,there are many differences in the judicial determination,this article will focus on the legal and judicial interpretation,combined with judicial jurisprudence around the actual loss,micro-credit companies,understanding of the three aspects of the crime of taking loans to determine the judicial analysis.Hoping for theoretical research and judicial practice in the crime of defrauding loans benefit.