On The Judicial Determination Of The Crime Of Defrauding Loans

In the process of financial system reform,criminals use the loopholes in the financial institution management system and a small number of enterprises and individuals face large amounts of capital demand,obtain loans from banks or other financial institutions through various deceptions,and then obtain benefits from them.The crime of setting up a fraudulent loan is to solve the problem of fraudulently obtaining loans for the purpose of illegal possession in practice,causing large losses to banks or other financial institutions.Since the crime of fraudulent loans was added in the Criminal Law in 2006,as China's economic development entered a new era,faced with new problems and new contradictions,many new acts of fraudulent loans appeared,leading to many different views on judicial recognition.This article elaborates on the criminal object,criminal subject,subjective and objective aspects of the crime of fraudulent payment,elaborates the criminal form,subjective purpose,major loss and other serious circumstances of the crime,in view of the standard of identification of deceptive means in judicial practice and The criteria for the determination of losses are not uniform,the provisions for other serious circumstances are not clear,the identification of banks or other financial institutions is not uniform,and recommendations are made accordingly.