Research On The Conviction Of Unit Loan Fraud

The lack of the main body of the unit in the crime of loan fraud has made the conviction of the unit's loan fraud in a controversial state for a long time.In 2001,the summary of the National Forum on the trial of financial crimes by the courts(hereinafter referred to as the summary)and in 2014,the interpretation of Article 30 of the criminal law of the people's Republic of China by the Standing Committee of the National People's Congress(hereinafter referred to as the legislative interpretation The inconsistency of the two ways to deal with the same problem leads to the difficulty of unifying the applicable rules in judicial practice,different judgments for the same case and different punishments for the same crime,and the judicial practice faces severe challenges.Under the background of standardization and refinement of judicial practice,this paper aims to further explore the problem of unit loan fraud from the perspective of judicial practice,interpret the problem from the perspective of historical and theoretical background,and draw a reasonable solution to the problem under the current economic and social background,that is,to first deal with the unit loan fraud with the summary On the basis of this,the criminal law amendment should be adopted as soon as possible to bring the unit into the main body of the crime of loan fraud.The first part: the crime of loan fraud in the system change and theoretical debate.It is mainly about the relevant systems and theories,which will lay a solid foundation for the later judicial practice problems to be put forward,analyzed and solved,so that readers can understand the basic situation and historical development of the unit loan fraud,and interpret the rationality and deficiency of different treatment methods in different periods from different perspectives of the economic and legal environment in different stages of our country,without simple criticism or simply willing Fixed.The second part: through the comparison of cases,the author analyzes the judicial dilemma that the problem is facing at present,which mainly lies in the following aspects: the application of legal rules is not clear,the lack of justice,and the lack of efforts to combat crime.Its significance lies in: on the one hand,it canshow the necessity of unit loan fraud research more clearly through empirical research;on the other hand,it is more convenient to understand the theoretical disputes through the explanation of judicial practice.The third part: the analysis of theoretical conflict and judicial dilemma.On the basis of the previous empirical research,this part analyzes the above judicial problems from the normative level through the comparison of the system of criminal law provisions,logical analysis,legislative interpretation and judicial interpretation.The reasons lie in the following: the complexity of objective realization does not adapt to the oneness of legal rules,and the complexity of the system of criminal fraud punishment leads to the multi-level concurrence of legal provisions Different legal interpretation organs have different positions and perspectives.The fourth part: confirm the priority applicability of the minutes.On the basis of conforming to the logic system of criminal law,through the separate interpretation of summary and legislative interpretation,the logical relationship between the two is clarified,avoiding the two misunderstandings of judging simply by legal effect and fighting crime,and finally the correct choice of applying summary is obtained.The fifth part: the best way is to include the subject of the unit into the crime of loan fraud.The priority application of the minutes in the existing rule system is only the feasible choice,not the best choice.At present,it is necessary and feasible for the subject of the unit to be included in the crime of loan fraud.