Research On Several Issues Of The Crime Of Loan Fraud

The crime of loan fraud is one of the common manifestations of financial fraud.Because of the huge amount involved,the social impact is very bad.In the judicial practice,due to lack of theory and other reasons,the crime of loan fraud has some problems in the process of identification,and scholars have different opinions on this.Based on the theory of loan fraud crime,combined with the criminal form theory and the theory of accomplice in the general rules of criminal law,this paper studies the identification of crime objective,criminal subject,subjective subject,completion form and accomplice in the crime.Through research,this paper believes that the loan fraud behavior implemented by the inaction method can be regarded as the crime of loan fraud,the unit can be identified as the criminal subject of the crime of loan fraud,and the subjective determination of crime can be determined by judicial presumption."The delivery statement" can be regarded as the standard in the determination of the completion form of the crime;the conviction theory can be used as the standard in the determination of the accomplice.