The Study Of Crime Of Fraudulent Use Of Loans

When the author had a class called Financial Crime Study,the teacher taught the problem about the differences between Crime of Fraudulent Use of Loans and Crime of Loan Fraud.She said that although the differences between this two crime were very clear,it was still very difficult to use this two crime clearly.After this,the author was interested in studying Crime of Fraudulent Use of Loans.After my adviser's guidance,the author chose The study of Crime of Fraudulent Use of Loans as the title of her graduation thesis.Crime of Fraudulent Use of Loans means gaining loans by cheating bank which causes bank's lots of damages or has other important circumstances.Since the sixth amendment of criminal law increased Crime of Fraudulent Use of Loans means,academic and practical circle have Launched a heated discussion.Many scholars have different opinions about this crime.And many judges don't have a same standard to use this crime which leads to different judgments.For the study of Crime of Fraudulent Use of Loans' constructive factors,the theoretical circle has had a very good study by now.The concrete content includes: 1.The subject of Crime of Fraudulent Use of Loans.The units and the guarantors who provide security both can be convicted of this crime.2.The subjective aspect of Crime of Fraudulent Use of Loans.This crime don't require specific purposes.This crime's subjective fault includes actual intent and indirect intent.3.The object of Crime of Fraudulent Use of Loans.The order of financial administration should be explained as the security of credit capital.4.The financial institutions of Crime of Fraudulent Use of Loans.They should not only include those which had be clear defined as financial institutions by Law of the PRC on Supervision over the Banking Industry,but also those do the lending businesses,like micro-loan Companies.5.The objective behavior of Crime of Fraudulent Use of Loans.The structure of cheating should like the structure of fraud.The severity of important circumstances should like the losses.This article includes eight parts.First part is about the definition and the features of the crime.From the second part to the sixth part,each part was talking about a specific problem of this crime.This five parts includes the subjective fault of this crime,how to understand this crime's object influence,how the units and the the guarantors who provide security become this crime's subjective,how to define the cheating,and how to understand the results of this crime.The seventh part of this crime is about how to distinguish Crime of Fraudulent Use of Loans from Crime of Loan Fraud in cases.The eighth part is about some extended speculations.Innovation points of this article are based on the study of the cases.By reading cases,the author could see the difficulties of this crime's application.And to those difficulties,the author provides her personal understandings.Specific innovation points includes: 1.Truly understand the reason why this crime's application can't use the theory of joint offense.The joint offense of Crime of Fraudulent Use of Loans has two forms.One is the workers of the bank cheating with natural persons,and one is the workers of intermediary organizations cheating with natural persons.But after reading many cases,we find that the use of joint offense is very limit.The reason is because the judges have not recognized the joint intent of the criminals which leads to the joint offense's misunderstandings.2.To solve the problem of convicting units of this crime.If you want to convict the units of the Crime of Fraudulent Use of Loans,you must make sure that the cases meet the requirements of units crime.In many cases,the judges don't analyze the application of the loans which leads in the misunderstandings of cases' locating points.3.To distinguish Crime of Fraudulent Use of Loans from Crime of Loan Fraud,we should focus on the definition of cheating financial institutions.To solve the problem of transform of crime intention,we should focus on the time of transformation.If the purpose of illegal possession occurs after the criminals getting loans,then the positioning of the crime should still be the same.