Research On The Judicial Identification Of Loan Fraud

The civil criminal demarcation in fraud crime has always been the emphasis of criminal law research and judicial practitioners' concern and discussion.The reason is because fraud crime is one of crime types by the most complex and diverse criminal means,the external manifestations of which always change with the change of social environment.This variability also results in the theoretical analysis of fraud crimes in traditional criminal law theory.It is usually difficult for identification in face of new and special forms of fraud crimes,of which loan-type fraud is a relevantly typical case.Such crimes mostly under the cover of private lending are dependent on the loan contract for fraud.High similarity criminal behavior and appearance with the fraud of the loan contract brings new challenges to the judicial determination.In recent years,with the gradually booming private lending and underground finance,the number of civil punishment cases involving loan contracts has greatly increased,which has also scaled up the problem of difficult practical determination.The vague demarcation of civil punishment lead to more prominent contradiction of disunity between the various judicial practice departments.The author found in the work that despite of loan-type fraud cases into criminal procedure,there exists huge dispute on the application of law for this crime and another crime.Phenomena of different judgments in the same case and different judgments in similar cases have attracted extensive attention from the society.In view of this,this paper attempts to find out difficulties in the judicial determination of loan-type fraud crimes and corresponding solutions by referring to previous research results in combination with judicial practice,hoping to provide some reference for the judicial determination of such crimes.In this paper comparative analysis,case analysis and other methods are mainly used for elaboration.The whole text consists of five parts:The first part summarizes the focus of disputes by proposing different opinions in the typical cases and judicial practice,thus drawing out the predicament of judicial determination of loan-type fraud.The second part summarizes and analyzes the concepts of loan-type fraud and fraud lending by starting from the focus of disputes based on the objective factor of loan contract,and then analyzes the differences of two behaviors in terms of subjective,objective,object,and legal consequences for the demarcation of both.Starting from the focus of disputes,and the purpose of illegal possession based on the important standards of civil and criminal boundaries,in combination with the objective behavior characteristics of loan-type fraud,the third part analyzes how to use criminal presumption for the determination of illegal possession purpose in practice through criminal presumption method,and provides specific methods for factual presumption.Starting from the focus of disputes,through the analysis of the similarities and differences between the crime of fraud and contract fraud,the fourth part clarifies the attribution of loan-type fraud in the application of criminal law,especially whether the loan contract in loan-type fraud belongs to contract fraud,and how to correctly understand the issues of "signing and fulfilling".Then,this paper discusses the detailed differences between the objects of the two crimes and provides assistance in the determination of this crim and another crime in judicial practice.The fifth part analyzes typical cases according to the analysis conclusion of this paper,and provides the conclusion of judicial determination.