Practical Difficulties And Solutions Of The Cases Of Criminal Loan Fraud

In the dispute of private load,there are some similarities between civil fraud and criminal fraud in the subjective intention and behavior of the actor,the demarcation line between crime and non crime is not obvious,which leads to confusion in public security organs when the criminal case is initiated.It is also one of the focuses of the theoretical and practical circles of criminal law.It is of great significance for the public security organs to correctly start the case filing procedure and maintain social fairness and justice to correctly distinguish the civil loan fraud and loan type fraud.This paper is divided into four parts:First of all,based on the investigation practice of the public security organs,this paper analyzes the difficulties and reasons of the public security organs in dealing with the cases of criminal loan fraud through data,and then highlights the controversy in practice with typical cases.The determination of the purpose of illegal possession is the most important standard to distinguish the loan type fraud crime and non crime,and it is also a common problem faced by the public security organs,procuratorial organs and people's courts.Secondly,starting from the constitution of behavior,it distinguishes the cases of civil loan fraud and criminal loan fraud theoretically.Combined with the discussion on the purpose of illegal possession by domestic and foreign criminal law scholars,this paper puts forward the author's understanding of the purpose of illegal possession in loan fraud cases.Thirdly,combined with the behavior characteristics of the cases of criminal loan fraud,by searching the relevant legal basis of identifying the purpose of illegal possession in the current judicial practice,according to the practical experience of handling cases,using the criminal presumption method to identify the purpose of illegal possession in criminal lending fraud cases,combined with the typical cases listed in the first part,specifically demonstrate the criminal lending fraud cases The determination of illegal purpose.Finally,on the basis of discussing the purpose of illegal possession of the cases of criminal loan fraud,this paper interprets the conditions of filing and not filing of the cases of criminal loan fraud,,and demonstrates the conditions of filing and not filing of the cases of criminal loan fraud,with the typical cases listed in the first part of the paper.