Analysis On The Difficult Problem Of The Crime Of Defrauding Loans From The Perspective Of Case

The purpose of legislation on the crime of defrauding loans is to improve the system of accusation in China and to guarantee financial security.However,due to the application of the crime norms,there has been no corresponding judicial interpretation,so there are many problems in judicial practice.Therefore,it is urgent to study the controversial issues from the combination of theory and practice.From the crime of defrauding loans the two objective constitutive requirements of crime,pointed out that the cognizance of fraud should contain two layers of causality,namely the causal relationship between fraud and the misunderstanding of financial institutions and the causal relationship between financial institutions' misunderstanding and the granting of loans,at the same time pointed out between the staff of financial institutions and financial institutions,there is a relationship of representative and the represented,financial institutions shall bear legal responsibility on its staff duty behavior.The identification of "major loss" and "other serious circumstances" shall be judged in combination with the legal interests namely loan security protected by the crime of defrauding loan."other serious circumstances" and "major loss" are of the same nature,which shall be interpreted as the risk of major loss for the loan security of financial institutions.In the settlement of the cross case of loan fraud,the loan contract between the borrower and the financial institutions should be revocable.There is no conflict between the criminal liability of the borrower and the civil liability.