A Qualitative Study On The Behavior Of Bank Staff In Illegally Granting Loans To Resolve Non-performing Loans

In the current economic situation,the non-performing loans of commercial banks have been increasing year by year,which has caused many new problems in the development of banks and small and medium industries.Under the dual pressure of the increase of non-performing loans and strict accountability of non-performing loans by China's financial regulators,many bank staff took risks and violated the order of loan disbursement,concealing the non-performing by "repaying loans with new loans" and "borrowing new loans with old ones".The existence of a loan.The universality and rationality of such behaviors are constantly being recognized in the field of civil law.For example,on July 23,2018,the Hebei Banking Regulatory Bureau issued guidance that clearly recognized the legality of "borrowing new into old".However,in the criminal law,the important premise of the crime of illegally issuing loans is "illegal state regulations",so that in judicial practice,all acts of issuing loans in violation of the order of loan is included in "criminal crimes",improperly expanding the scope of criminal law punishment.Therefore,for the crime of issuing loans illegally,it is extremely important to grasp the boundaries between administrative violations and criminal offenses.In this regard,I have selected a typical case of bank staff issuing loans in recent years.Through the use of relevant theoretical analysis of criminal law,we distinguish between the crime of illegally issuing loans and the confusing charges in judicial practice,and accurately grasp the crime of illegally issuing loans.The boundary between administrative violations and criminal offences.Except the introduction,this paper is including four parts:The first part is the discussion and analysis of this case.A brief introduction to Li's illegal loan disbursement case,and summarized three controversial views on this case in practice,and summarized the focus of the dispute in this case.The second part is the legal analysis of the dispute part,which is divided into two parts around the focus of the dispute.First,the in-depth analysis of the various elements of the crime of illegally granting loans and the crime of embezzlement of funds,and distinguish the two crimes from the specific content.Secondly,combining this case,the division of criminal offenses and administrative offenses is started from the three detailed perspectives of "drawing from the constitution of the crimes of Germany and Japan,insisting on substantive interpretation of the criminal law,and maintaining the modest principle of the criminal law" to provide the final conclusion.Ideas.The third part is the conclusion of the study.Based on the above research and discussion,the three representative and different viewpoints are discussed and sorted out.The crime of embezzlement of funds,the crime of illegally granting loans,and administrative violations are evaluated as a whole.Final conclusion and evaluation.The fourth part is the enlightenment of the case.After the above analysis and analysis,the author puts forward suggestions for related issues.Studying the judicial determination of the crime of illegally issuing loans in China is of great significance for distinguishing administrative violations from criminal offences.We must always adhere to the essential characteristics of crime,pay attention to the elements of social harmfulness in behavior,and only punish those who seriously harm the interests of society.In the practice of applying the law,judicial workers cannot apply it mechanically,and they should grasp the research as a whole.