On The Criminal Law Regulation Of Fraudulent Loan Companies

The legal attribute of the small loan companies on China,there is no relative legal norms on the high order to make it clear that only in Chinese the CBRC and the people's Bank of China jointly issued "on the small loan company pilot guidance" to point out that it is only the loan does not exist,the enterprise legal person,many people think that the small loan company is the General Corporation,but the author thinks,the enterprise legal person but is microfinance company external organization,not equal to its intrinsic legal attribute,to accurately define the legal attribute of small loan companies,also need to start from the actual situation to make a substantial analysis.This paper will begin to Lumou defrauded lending case,starting from the company's actual operating business run yuan,the background,the regulatory body and the future development trend,analyze the legal attribute of Yun yuan company in the administrative law,and on this basis,combined with the small loan companies and the nation's financial management order and criminal law the protection of the legal interests,legal attributes that run yuan company in criminal law,after defining the legal attribute of Yun yuan company criminal law,through the comparison of behavior and civil fraud on Lumou loan,analysis and effective civil judgment for criminal liability and Lumou constitute a crime,the accurate definition of land the behavior of a character,and inspire the judicial practice.The main contents of this paper can be divided into the following four parts:The first part is the summary of the basic situation of the case.By sorting out the whole case,finding out the differences among them,and basing on the comprehensive analysis of the divergent opinions,we draw the controversial focus of the case.The second part is the focus of controversy for the case to make the corresponding legal analysis,the focus of controversy in the property,the first problem to be solved is the small loan company in the criminal law,the small loan companies in the administrative law attributes as the basis,combined with the protection of the relationship between criminal law and administrative law and criminal law.Legal analysis of small loan companies in the criminal law attribute.After solving the problem of small loan company property in criminal law,the author introduces the cognizance of the crime of fraudulent loans and how to identify the objective and subjective elements of civil fraud in judicial practice,and from the two aspects of subjective malignant and social harmfulness of two were compared.Finally,about whether the effective civil judgment can affect the criminal constitution and criminal liability of the perpetrator,the author explains the influence of the effective civil judgment from the angle of the constituting of the constitution of the crime and the coincidence between the civil offense and the criminal offence.The third part is the analysis of the legal basis,combined with the actual situation of the case,to solve the case of disputes,namely run yuan company belongs to other financial institutions on the criminal law,Lumou deception to run yuan company loans,and to run yuan company caused significant losses,constitute the crime of fraudulent loans.In addition,effective civil judgment is just to solve the Lumou and Yun yuan company in the civil legal relationship problems,Lumou should bear civil liability is determined,and the constitution of the crime of fraudulent loans stipulated in the criminal law,can only be based on criminal law,is not affected by the effective civil judgment,and Lumou behavior at the same time constitute civil illegal and criminal offences,the coincidence between the belongs to the two,in the civil liability and criminal liability.The fourth part is mainly the enlightenment obtained in the study of this case.The small loan company as a financial system to protect other financial institutions on the criminal law for the construction of more perfect plays an important role,at the same time the establishment of the crime of fraudulent loans can effectively solve the judicial practice of the purpose of illegal possession is difficult to identify the problem,which has not accounted for the illegal purpose of regulation of financial fraud can also by the criminal law,more it is important that the crime to provide a legal basis for the accurate conviction and sentencing in criminal law stipulates the constitution.