Guo Moumou Loan Fraud Crime Research

With the development of social economy,the crime of loan fraud emerges in endlessly,but in the practice of identifying the crime of credit card loan fraud,the relevant laws and regulations of illegal possession of funds are not clear enough,in the process of judicial practice,a series of problems have arisen.Therefore,the comparative study and analysis of the theory of the purpose of illegal possession of the crime of loan fraud is helpful to guide the application of law practice in time.As far as the forms of the crime of loan fraud are concerned,this article mainly starts from the joint crime.According to the current provisions of China’s criminal law,when the subject of the crime is a unit,it does not constitute the crime of loan fraud.In view of the current situation where the unit as the subject and other subjects are involved in loan fraud,under the current judicial system,unit can not be considered to constitute a joint crime,for such a case,should be improved through the legislative level.The relevant cognizance of the crime of loan fraud has always been an important link in the judicial practice of this crime.The author thinks that we can use the theory of the academic circles of law for reference and choose scientific cognizance methods Reasonably using the legal principle tool of criminal presumption to solve the problems related to the difficulty of identifying the subjective factor of the perpetrator in the trial of this crime,and to regulate the time limit of the subjective factor of the purpose of illegal possession,to further determine the completion standard.