The Research On The Determination Of The Crime Of Defrauding Loans

The crime of defrauding loans is a new offense in the 2006 Criminal Law Amendment(6).Since the establishment of the offense and the innovation of financial,the implementation of the offense in the judicial practice has always been in differences.We need to study the offense to unify the implementation of the law.This thesis has three parts.The first part is about the basic principles of the implementation of this charge.Firstly,strengthen the legal protection to protect financial security.Secondly,respect the freedom of the contract to maintain the criminal law modesty.Thirdly,explain the law in essence and treat the legality principle as a prerequisite.The second part analyzes the constituent elements of the crime of defrauding loans.The action of the crime is deceiving.What the behavior against is “Banks and other financial institutions”,including some new types of financial institutions.The consequences of the crime are "significant losses" and "other serious circumstances".The subjective aspect of this crime is intentional,not a fault,and actors do not have the purpose of illegal possession.The third part discusses three different problems on the financial innovation background.Defrauding the bank factoring financing can be regarded as crime of defrauding loans.To solve the problem of weather defrauding the money of new type credit card is a crime of fraud or a crime of credit card,we should distinguish the essential features between credit card business and the loan business.Fraudulent financial institutions for a loan by a guarantee made by a deceived financing guarantee company can be identified as the crime of defrauding loans.