Research On The Proof Of The Subjective Elements Of The Crime Of Fraud In Routine Loans

In recent years,the behavior of "routine loan" has gradually emerged all over the country,but,in judicial practice,"routine loan" behavior is often identified as unknown,especially for the subjective mentality of "routine loan" behavior that constitutes the "crime of fraud".Therefore,it is urgent to study the method of proving the purpose of "illegal possession" in routine loan cases.The main content of this paper is the identification method of subjective mentality in the crime of "routine loan" fraud.Through the characteristics of "routine loan" behavior,the boundary between "routine loan" and "usury" behavior,this paper expounds the operation mode of "routine loan" behavior,and further explains the specific requirements that "routine loan" behavior constitutes fraud crime.Then from the aspect of "the purpose of illegal possession ",combining the theoretical research with the concrete cases in practice,this paper expounds the subjective mentality of the perpetrator by using the evidence method and the presumption rule,and puts forward the solution according to the limitation of its application process.By allowing the defendant to refute and the supplementary proof of indirect evidence,it accords with the standard of proof of "excluding reasonable doubt" in criminal proceedings,and improves the accuracy of the presumption rule in the determination of "illegal possession purpose" of the perpetrator of "routine loan" fraud case.In judicial practice,the constructive rules on "illegal possession purpose" are all concentrated on financial fraud,fund-raising fraud and other fields,and the identification of "illegal possession purpose" in "routine loan" fraud cases cannot be fully applicable.Here,the theory and practice of relatively few research on the actor ’s subjective mentality in "routine loan" fraud cases,I hope the author’ s research can explore a specific road suitable for China ’s national conditions on the actor’ s subjective mentality in "routine loan" fraud cases,to provide a trace of help for China’s criminal justice proof.