Judicial Misunderstanding And Practice Correction Of Fraudulent Loan Crime

From the perspective of the legislative background of the crime of loan fraud,the criminal law of 1997 did not stipulate the crime of loan fraud,because considering that many enterprises have the problem of loan abuse,if this crime is set up,it will lead to too much impact.Later,with the development of the market economy,in order to solve the difficulty of obtaining evidence for the purpose of illegal possession of the crime of loan fraud in judicial practice,effectively punish the behavior of loan fraud in the financial field,protect the financial order,and regulate the behavior of loan abuse,the criminal law amendment(vi)in 2006 added a low-level crime--the crime of loan fraud.However,in recent years,due to the downward trend of the macroeconomic situation,Banks’ non-performing loans have increased sharply,and a large number of loans that could normally be renewed by means of borrowing new and old loans have been declared overdue,thus increasing the safety risk of bank assets.In order to deal with financial risks,the government has intensified efforts to crack down on entrepreneurs’ behaviors of evading debts.Reflecting to the criminal justice practice,there are a large number of criminal liability cases against the borrower for this crime.Loans to Banks and other financial institutions are mainly real enterprises.If improperly used,it will not only be unfair to punished entrepreneurs,but also have a serious impact on their enthusiasm for investment and operation.Therefore,it is very important to accurately apply the constitutive elements of the crime of loan fraud,avoid the judicial errors,and correct the errors in practice.This paper is divided into three parts.The first part summarizes the crime of loan fraud,introduces the legislative background and constituent elements of the crime,and makes a distinction between the crime of loan fraud and the crime of loan fraud.The second part discusses in detail which aspects of the crime of defrauding loan exist the misunderstanding of judicial practice.The third part discusses from several aspects how to grasp the conviction standard of fraud loan crime strictly.