Criminal Law Qualitative Research On Borrowing Behavior Of Using Others' Intelligent Credit Products

Along with the development of the Internet financial,intelligent credit product companys involved in the financial sector increased,the innovation and development of intelligent credit products become the main way of credit.But the crime of using intelligent credit products as a criminal tool is increasing gradually.For example,borrowing by using intelligent credit products as a criminal tool is to borrow and buy goods.Because the laws do not specify the legal nature of intelligent credit companies and intelligent credit products,there are different judgments in practice about the behavior of borrowing by using intelligent credit products of others,the main charges include:theft,fraud,credit card fraud,contract fraud,loan fraud.Therefore,combining with cases,this paper analyzes the controversial issues in the qualitative analysis of criminal law,so as to conduct a reasonable qualitative analysis of criminal law on the behavior of borrowing with others' intelligent credit products.This paper is divided into four parts:The first part is an overview of borrowing behavior with others' intelligent credit products,it mainly discusses the meaning of intelligent credit products,the meaning and types of borrowing behavior by falsely using others' intelligent credit products,on the premise of clear concepts,list similar behavior in different sentence case,thus inductive charges controversial problems and issues of criminal law qualitative sense.The second part mainly analyzes that borrowing behavior with others' intelligent credit products does not constitute the crime of theft.Using intelligent credit products lending,the object of the crime is the credit line in intelligent credit products,and the credit line in intelligent credit products is disputed by property or property interests,if it belongs to the property interests,whether the credit line in intelligent credit products is the criminal object of larceny is controversial,so the legal nature of the credit line in intelligent credit products is the premise that the criminal act can constitute the crime of larceny.And because whether the intelligent credit products can be cheated is controversial and other reasons,whether the crime behavior belongs to the theft is controversial.Therefore,the second part mainly analyzes the legal nature of the credit line in intelligent credit products and whether the crime behavior belongs to the theft,makes it clear that the credit line in intelligent credit products belongs to property interests and does not belong to the criminal object of theft,and because the intelligent credit product companies can be cheated and other reasons,the criminal behavior does not belong to theft,so the criminal behavior does not constitute the crime of theft.The third part mainly analyzes that borrowing behavior with others' intelligent credit products does not constitute the crime of credit card fraud.For whether the intelligent credit products belongs to the credit card in the criminal law,there are three main views:the first view think that intelligent credit products belongs to the credit card in the criminal law,the second view think that intelligent credit products belongs to the function extension of credit card,the third view think that intelligent credit products do not belong to the credit card in the criminal law,so in the third part,first of all,make clear the legal nature of intelligent credit product companies,the differences between intelligent credit products and credit card,and analyze the concept of credit card in criminal law,on this basis,it is clear that the issuing subject of intelligent credit products does not belong to the issuing subject of credit card in criminal law,intelligent credit products do not belong to the credit card in criminal law,and the criminal behavior dose not belong to the behavior of using others' credit cards,and do not constitute the crime of credit card fraud.The fourth part is to analyze that the loan of others' intelligent credit products should constitute the crime of fraud.The type of fraudulent use behaviors are divided into the act of using the intelligent credit products of non-financial institutions lending,and the act of using the intelligent credit products of financial institutions lending,and defining the victim and the deceived.Thus,the act of using the intelligent credit products of non-financial institutions lending can be divided into:lending by intelligent credit products of non-financial institutions already opened by others,and the act of opening the intelligent credit products of non-financial institutions to borrow in the name of others;the act of using the intelligent credit products of financial institutions lending can be divided into:lending by intelligent credit products of financial institutions already opened by others,and the act of opening the intelligent credit products of financial institutions to borrow in the name of others,and thereby criminalize separately.