The Nature Analysis And Judicial Determination Of Fraud In"Loan Snare"

"Loan Snare" is a crime phenomenon that has occurred frequently in recent years.It originates from "usury loans" and is often packaged with civil lending disputes in order to avoid judicial punishment.The crime of "Loan Snare" is of great social harm,not only in the violation of citizens' legal property,but also in criminals such as robbery,fraud,illegal detention,extortion,false lawsuits,etc.hidden behind this crime.The crime violates the victim's personal rights and harms public order.With the deepening understanding of the nature of "Loan Snare",our country has continuously strengthened its punishment and issued a series of documents to promote the standardization of criminal punishment of "Loan Snare"Although the "Loan Snare" is suspected of multiple crimes and the problem is very complicated,the core is still to use "snare" behavior to achieve the purpose of illegally occupying the victim's property.Therefore,this article focuses on the main line of "fraud" and analyzes the nature and judicial determination of fraud in "Loan Snare",to make the relevant content of the crime of fraud clear.Except for the introduction and the conclusion,this article is divided into three parts.The first part is an overview of "Loan Snare".The main content is to define the concept of "Loan Snare",analyze its basic characteristics,to lay the foundation for the following discussion.The second part is an analysis of the fraud nature of "Loan Snare".In judicial practice,"Loan Snare" are often dealt with as a crime of fraud,but the analysis of the nature of fraud is lacking.In this part,the author combines theoretical viewpoints and starts from the subjective and objective constituents of the crime of fraud to fully explore the problems involved in the various elements of "Loan Snare",and clarify the confusion.On the basis of the second part,the third part clarifies the situation in judicial practice where other charges are confusing with the crime of fraud.This part mainly includes: contract fraud and fraud crimes,analyse the nature of deceptive behavior when signing loan contracts;issues related to fraud and false lawsuits,analyse the nature of false lawsuits;fraud and extortion,analyse the deception and threats qualitative issues when coexisting.