Research On The Difficult Problems Of Loan Fraud Under The New Financial Industry

With the rapid development of the economy and society,the disputes caused by loans have become increasingly prominent.Through the analysis of judgments on the crime of loan fraud made by courts at all levels in recent years,offline loans are still the mainstream channel of loan fraud,but the emerging financial mobile app loans are also easy to be used and show a growth trend.Under the new financial industry,the conviction of falsely using others’ ant flowers in judicial practice and the conviction of failure to repay loans after the cash flow of supply chain enterprises is broken highlight the difficult problems existing in the judicial application of the crime of loan fraud at this stage.At the same time,new changes have taken place in the identification of the boundary between completed and attempted crime of loan fraud under the new financial industry,With the continuous development of the market economy and the diversified development of economic activities,the identification of internal and external collusive accomplices in special types of loan fraud is also controversial.To achieve the goal of preventing and punishing crimes in criminal law,it is necessary to further study and explain the difficult problems related to the crime of loan fraud according to the relevant provisions of criminal law and relevant criminal law theories.The first is the composition of the crime of loan fraud.Under the current new financial industry,the difficult problem of the crime of loan fraud is compounded with other problems based on the original single problem.In practice,it is mainly manifested in how to convict the false use of others’ ant flower and the conviction that the supply chain enterprise cannot repay the loan due to the rupture of the capital chain.In addition to the boundary between the crime of loan fraud and the crime of defrauding loans and the identification of subjective "purpose of illegal possession",the above two issues also include the identification that ant Huabai service providers should belong to "other financial institutions" and that ant Huabai service belongs to microfinance.The second is the identification of the accomplished crime of loan fraud.Compared with violent crime,the means of economic crime is more peaceful and secret,and it is impossible to judge whether the accomplished result has occurred as concisely as violent crime.There are also some problems in determining the time point of completion.Therefore,when judging whether the perpetrator constitutes the accomplished crime of loan fraud in a case,it is often hindered.Taking the case of falsely using others’ ant flower Bai as an example,this paper focuses on the analysis and discussion that the completion of the crime of loan fraud should be when banks and other financial institutions deliver the money to the actor.The standard for judging the accomplishment should be the completion of payment by banks and other financial institutions.Finally,it is the identification of internal and external collusive accomplices in the joint crime of loan fraud.In the past,the judicial interpretation only focused on the mixed accomplice of joint crimes against state functionaries and non-state functionaries.Nowadays,economic activities are more active,and the intersection of economic crimes and job-related crimes is more complex and diverse.When there are both state functionaries,non-state functionaries,and general subjects without identity in the joint crime of loan fraud,How to divide the responsibility of accomplice.The traditional view holds that the principal offender decision theory or the principal offender decision theory is adopted,but the background of the traditional view is that in the case of mixed accomplice with only two identities of state functionaries and non-state functionaries when there are three joint criminal actors with different identities in a loan fraud case of internal and external collusion,the principal offender decision theory should be adopted in combination with the specific circumstances of the case,Adopt the principle of imaginative concurrence.