Study On Difficult Problems Of The Crime Of Defrauding Loans

With the acceleration of the process of industrialization and market economy,the financial economy is affecting more and more aspects of our social life.In order to adapt to the constantly innovative financial market,whether the people or corporate,loan financing is regarded as an important means to adapt to the new situation in the financial field.At the same time,the illegal elements in society began to use various means to defraud the loans of financial institutions.Banks and other financial institutions are on the verge of serious losses.For example,banks,as a common financial institution with loan financing as its main business,earn interest from borrowers,but also face the risk of high bad debts every day.In order to maintain the security of loan financing,reduce the risk of loan financing of financial institutions,and create a good credit environment,it is essential to formulate complete laws and regulations.Under this situation,the Criminal Law Amendment(6)added one of the 175 articles of the Criminal Law after Article 175 of the Criminal Law to the crime of defrauding loans.The complete crime of defrauding loans is the crime of defrauding loans,acceptance of bills and financial vouchers,and the crime of defrauding loans is a selective crime.This article only studies the crime of defrauding loans in depth.Although the establishment of this crime has perfected the financial crime system and tightened the criminal law network,which makes it impossible to prove the fraudulent loan with illegal possession purpose or the act that causes great losses or serious circumstances of financial institutions but does not have the purpose of illegal possession has the legal basis,the crime of fraudulent loan relies on the different cognizance of protecting legal interests and interpretation of legal provisions.There are many difficult problems that have not been solved in the past,which need to be expounded and defined in theory by the author.This article demonstrates the crime of defrauding loans in the form of putting forward questions and analyzing them.In addition to the introduction and conclusion,it mainly includes four parts.The first part is an overview of the crime of defrauding loans,through the analysis of the legislative background and the overall manifestation of the crime,the necessity of the establishment of this crime.The second part is to put forward the theoretical controversy in the application of this crime,and to put forward specific application problems from the objective illegal elements,subjective responsible elements and criminal form elements.The objective elements of illegality include two aspects.The first is to raise questions from the perspective of objective constitutive behavior,and the second is to raise questions from the perspective of results and circumstances.Subjective liability elements include two aspects.The first is to raise questions about the identification of the actor's subjective intent,and the second is to raise applicable difficulties about the transformation of the actor's criminal intent.The elements of criminal form include three aspects,namely,the application of this crime from the forms of completion,incompleteness,accomplice and number of crimes.In the third part,this paper will analyze the protection of legal interests separately.By summing up the views of other scholars,it is concluded that the protection of legal interests of this crime lays a foundation for the capital security of national financial institutions,and for the clarification of the following difficult problems.The fourth part combines with specific cases,and puts forward its own explanatory ideas by comparing and analyzing different cases and putting forward argumentation reasons.