Research On The Identification Of Accomplice In The Crime Of Illegal Loan Granting

In recent years,with the development of the socialist market economy,the financial industry has been able to flourish,which has brought about an increase in the rate of financial crime.In judicial practice,the crime of illegally granting loans involves the identification of accomplices in various situations,which is quite complicated.Because the relevant elements have not been refined at the legislative level,and the professional quality of judges is not at the same level,in practice,the cases of accomplices in the crime of illegally granting loans often have different sentences in the same case,which has an impact on the realization of judicial justice.Therefore,the problem of identifying accomplices in the crime of illegally granting loans needs to be solved urgently.Through the similar case search of relevant cases,it can be seen that the current identification of accomplices in the crime of illegally granting loans mainly includes differences in the identification of accomplices between the borrower and the loan staff,the nature of the behavior of the loan personnel granting loans to themselves is unclear,and there are different standards for identifying accomplices in the establishment of financial institutions.Combining the common participation behavior,participation consciousness and the opposite crime theory in the criminal law accomplice theory,starting from the opposite relationship between the illegal lending behavior and the loan obtaining behavior,based on the necessary limit of the behavior subject’s participation behavior,considering special The identity of the behavior subject,to classify and identify the accomplices of the borrower and the loan staff and the lender’s self-application and self-loan situation.If the lender constitutes the crime of this crime unit,it is necessary to pay attention to the source of the unit’s will and the objectivity of the unit’s operating rules.Based on the above theoretical analysis,suggestions are made on the identification of accomplices in the crime of illegally granting loans.On the basis of improving the constituent elements of the crime of illegally granting loans,the different treatment methods for different types of this crime are clarified,including the classification and identification of the accomplices of loan personnel and borrowers,attention to The subjective mentality of the loan officer’s self-applying and self-loan behavior,and modifying and improving the conditions for the existing unit to commit this crime.This article analyzes and discusses many situations in the identification of accomplices in the crime of illegally granting loans,aiming to provide effective suggestions on the difficult problems in the identification of accomplices in the theoretical circle and judicial practice,so as to strengthen the protection of the national financial management order and promote the realization of judicial justice.