Research On The Judicial Determination Of The Crime Of Defrauding Loans

The determination of the crime of defrauding loans is controversial in judicial practice.This paper takes the problem of the crime of defrauding loans in judicial determination as the starting point,analyzes the constituent elements of the crime of defrauding loans and the problems in the judicial determination in combination with the criminal law theory,and tries to put forward a reasonable judicial determination standard.In addition to the introduction and conclusion,this paper is divided into four parts.The first part mainly introduces the interest of this crime of defrauding loans.The benefit of this crime is the loan security of financial institutions.The second part mainly analyzes the judicial determination of difficult problems in the objective aspect of the crime of defrauding loans,including three aspects:first,the judicial determination of fraudulent means.There should be a causal relationship between fraudulent means and the acquisition of loans,and the substantive criterion for the determination of fraudulent means should be grasped from the aspect of infringement of legal interest.Second,judicial determination of major losses or other serious circumstances.The time node of loss calculation shall be subject to the filing of the case by the public security organ.The scope of loss calculation is limited to direct economic losses.Only when the fraudulent behavior of the actor has reached the risk that the credit fund of the financial institution cannot be recovered can it be identified as other serious circumstances.Third,the recognition of other financial institutions.the recognition of other financial institutions from the form and substance of the two aspects to grasp the recognition of other financial institutions,the formal standards and substantive standards can not be met at the same time,should not be identified as financial institutions.The third part mainly expounds the determination of not taking illegal possession as the purpose.When the perpetrator defrauds a loan,he does not take illegal possession as the purpose,but if the purpose of illegal possession occurs after the loan is defrauded,he shall be convicted of the crime of loan fraud and sentenced to punishment.The fourth part mainly analyzes the crime pattern of the crime of defrauding loans.This paper expounds the completed form,unfinished form,accomplice form and crime number form of the crime of defrauding loans.