On The Objective Part Of The Crime Of Fraudulent Loan

Amendments(VI)to the Criminal Law of 2006 established the crime of fraudulent lending,and Amendment(XI)to the Criminal Law of 2021 removed the provisions of "other serious circumstances".With the combination of leniency criminal policy and legislation and justice,it is of great significance to clarify the objective elements of the crime of fraudulent loan fraud.Clear legal benefits are the first step to accurate conviction,and the understanding of protection law benefits varies from theoretical and practical circles.Ownership thesis and order the thesis have limitations,and taking the security of credit funds as the protection law is in line with the trend of criminal legislation,in line with the law of the market,and is also the connotation of the design of this crime.The crime of defrauding a loan is to deceive a bank or other financial institution by deception,so that it has a false understanding,and therefore issue loans.Deception means can not be simply literally understood,cheating needs to reach a certain extent,should be able to influence banks and other financial institutions to make loan decisions.Comprehensive relevant laws and regulations,the scope should include the borrower’s identity,capital use,performance capacity.For banks or other financial institutions disputes,mainly whether micro-credit companies belong to other financial institutions here,according to the concept of small loan companies,conditions of establishment,main business,supervision and other provisions,the small loan companies identified as "other financial institutions" in this crime is reasonable.In the process of issuing loans by banks,the separation of loan review and loans is implemented,and in practice,the situation in which the staff members knowingly cheat the loans by the actors needs to be dealt with separately.The crime of fraudulent loan takes "causing great loss" as the only threshold of entry,the major loss should be the result of this crime,and obtaining the loan is only the middle link of the chain of behavior.The scope of major losses includes principal and interest,and in practice is also handled in such a way,in order to file a case time node,requiring financial institutions to exhaust other necessary measures,more in line with the actual situation.In the case of full security,there is no threat to the security of credit funds,no significant loss is considered to have been incurred,and the loss of the guarantee company is not included.The upgrading of the statutory penalty for fraudulent lending is "particularly significant loss" or "particularly serious circumstances"."Particularly significant losses" and "significant losses" are mainly quantitative.The understanding of the particularly serious circumstances is based on relevant laws and regulations and cases,and the large amount and repeated acts of deception reflect the subjective malignancy and serious social harm of the perpetrator,only the particularly serious circumstances cannot be criminalized and must cause great losses.According to the requirements of the current economic development,the crime of reducing fraudulent loans is applicable.