Analysis Of The Criminal Regulation System Of "Fraudulent Loan"

As a new type of criminal act,“fraudulent loan” has subjectively possessed the purpose of illegal possession and objectively caused huge social harm,which is essentially different from the general private lending behavior including usury.In order to better protect citizens' personal rights and property rights and maintain normal civil lending order,criminal law must be used to regulate the "fraudulent loan" behavior.However,the high complexity of its behavioral characteristics and means of mode makes it subject to many problems in its criminal law system.First of all,"fraudulent loan" is highly confused with ordinary private lending disputes,which is difficult to distinguish;secondly,it proves that the relevant evidence of crime is difficult to collect;then the law applies to crimes,crimes,joint crimes,etc.,which are complicated in theory and judicial level.There is controversy;in the end,there is a lack of a unified national criminal law application rule for the "fraudulent loan" criminal behavior.The formulation of criminal rules is actually lagging behind the trend of "fraudulent loan" behavior.Therefore,on the basis of grasping the characteristics of its crimes,it is imperative to explore the means of effective criminal law.Based on the “fraudulent loan” behavior model,this paper intends to explore solutions and further propose improvements.The full text is about 60,000 words,mainly divided into four parts:The first part analyzes the “fraudulent loan” behavior pattern.Through the study of various "fraudulent loan cases" in reality,the general characteristics are abstracted.It mainly consists of five major behavioral characteristics: one is to use the convenient borrowing conditions as a bait to attract people who need urgent funds;the second is to sign the yin and yang contract,the amount of virtual high borrowing;the third is to create bank water,forging civil evidence that is obviously not conducive to the borrower;It is to transfer the bills and further increase the creditor's rights;the fifth is to use the means of violence,soft violence,false litigation and other means to force the fictitious debt.Through behavioral characterization,it clarifies the criminal illegality of “fraudulent loans” and lays a foundation for distinguishing from ordinary private lending.The second part is based on the criminal behavior model,summarizing the judicial recognition dilemma faced by the criminal law system for the "fraudulent loan" behavior.Thespecial behavioral mode of "fraudulent loan" leads to the confusion of civil law relations when it is carried out in criminal law,and the problems of criminal behavior are difficult to find and prove difficult.Due to the complexity of its means,there are also many disputes in the judicial determination regarding crimes,crimes,and joint crimes.The third part probes into the problems in the criminal law system of “fraudulent loan”.It advocates the subjective aspect of the illegal possession purpose and the objective aspect of the behavior,and accurately distinguishes the "fraudulent loan" criminal behavior.At the same time,based on the criminal behavior model of “fraudulent loan” itself,based on the existing legal provisions and criminal law theory,it explores solutions to the problems of criminal law,crimes,crimes and common crimes.It is argued that in the determination of the crime,the dominant position based on the victim's cognition factor is mainly applicable to the crime of fraud,and the other crimes are applied and the main crimes are competitively analyzed.In the crime determination,for the creditor stage and the debt period,Within the scope of the crime of infringing on the property rights of citizens,it advocates the felony to absorb misdemeanor,and advocates and punishes more than the scope of property crimes;in joint crimes,it is considered that the judgment should be based on the status,role and relationship between individuals in the organization.In the judgment of the crime form,the claim is based on the elements of the crime,and the attempt to establish a property crime is based on the individual's position in the organization.On the basis of the previous article,the fourth part further proposes the perfection of the rule of law on the effective criminal law system for “fraudulent loan”.Through the general problems existing in current judicial practice,it is carried out from the two levels of legislation and judicature: First,it is against the establishment of a separate crime at the statute level,and advocates the improvement of the judicial interpretation of relevant legislation,and the introduction of special national judicial application opinions to unify the current Different opinions and different practices have been introduced in various places.Second,at the judicial level,specific suggestions have been put forward on handling strategies and relationship judgments,in order to better implement the effective criminal law system for “fraudulent loan” crimes.