Use The Fraudulent Housing Title Certificate Mortgage Case Study

With the rapid development of the socialist market economy,The incidence of contractual fraud crimes has also increased year by year.In recent years,“two fraudulent”types of contract fraud cases have occurred frequently.Mortgage borrowings using fraudulent housing property rights certificates are typical cases of “two frauds”.Controversy in such cases mainly lies in whether the perpetrator constitutes contract fraud or fraud,who is the victim,whether the property interest can be used as the target of fraud,and the procedures for dealing with cross-cutting criminal cases.This article distinguishes between contract fraud and fraud through the identification of “utilization contract”.It distinguishes criminal deceptive behavior from civil fraud by judging the subjective purpose,asserts that the victim is identified from the perspective of the damage to equity,and recognizes the agency To a certain extent,it is a kind of property interest.Reflections on the Principle of "Civil Procedure after Criminal Procedure First".Finally,it is concluded that the actor constitutes the crime of contract fraud,the borrower is the victim,and the fund lender can obtain the mortgage right in good faith.Property interests can be used as the target of contract fraud,and the court heard the case in a approach which Criminal procedure and civil procedure Simultaneously.