Analysis The Crime Number Of "Fraud Loan" Case

Fraud Loan crime disguised as private lending the fundamental purpose is to illegally occupy the property of the victim.And because of the realization of the purpose of illegal possession,the crime means of "fraud" is different from the traditional property crime.Fraud loan crime not only infringes the ownership of private property,but also infringes the normal social management order and the national financial order,which has a strong social harmfulness.At present,a general understanding has been reached on the criminal attack of the case of the fraud loan.However,how to evaluate the correct number of crimes still has some controversy,which needs to be grasped and studied accurately.The Supreme People’s Court and the judicial organs of various regions have issued some guiding opinions on the crime of fraud loans successively.However,these guidelines only provide principled provisions for the treatment of crimes,and there is no clear identification standard for the number of crimes.Local judicial organs have different views on the identification of the number of crimes,and there is a lack of unified standards.Through the analysis of the effective cases published on the Judicial Document Network,it is found that the discrepancy in the identification of the number of crimes in the cases of Fraud Loan focuses on the different means of demanding "debt" The different determination of crime number will affect the justice of the judiciary and damage the credibility of the judiciary.On the theoretical level,the judgment on the crime number of fraud loan is also facing a lot of controversies.In order to grasp the problem of crime number of fraud loan,it is necessary to correctly understand the social harmfulness of this crime,the nature of violating the criminal law,the strong organization,the complexity of the means of action and the mixed of civil and criminal in nature.The definition of crime number in the fraud loan should start from the nature and characteristics of the crime,based on the theory of crime number,and focus on the means of illegal collection.Determining the amount of crime at each stage,attention should be paid to the mixture of constitutive elements of each specific crime,finally decide whether it constitutes a crime or several crimes.To identify the number of crimes charged by Fraud Loan,three principles should be adhered to.Firstly,all acts of the perpetrators should be evaluated comprehensively to maximize the protection of legal interests.Secondly,it is necessary to prohibit repeated evaluation to protect the human rights of the accused.Thirdly,we should make an overall evaluation to conform to the cognitive regulation.