A Study On The "Purpose Of Illegal Possession" In The Crime Of Loan Fraud

As an important financial tool and financing channel,loans have the dual functions of regulating social capital flow and financing.In the post-epidemic era,loans are particularly important for boosting domestic demand,promoting investment and expanding exports.In recent years,with the continuous development of the economy towards high-quality purposes,the crime of loan fraud in China also presents a more severe operating situation and distribution.As the subjective element of the crime of loan fraud,"for the Purpose of Illegal Possession",is clearly stipulated in the criminal law of China,which is usually recognized by judicial presumption in the case handling practice.The study found that the crime of loan fraud "for the Purpose of Illegal Possession" has the following problems:the legal basis of judicial presumption has a low level of effectiveness,the judicial presumption lacks a counter evidence mechanism for the suspect or defendant,and the judgment lacks sufficient argument for "the Purpose of Illegal Possession".It is urgent to improve the judicial presumption.The text of this paper consists of four parts.The first part summarizes the current situation and puts forward problems through the study of 100 first instance judgments.This study found that at present,the proportion of bank institutions in the criminal targets of loan fraud crime is more than 70%,and the objective aspect of the crime is more than 80%as stipulated in the first four paragraphs of Article 193 of the Criminal Law.The subject of the crime is all natural persons,and the subjective aspect of the crime has the following situations:the relevant discussion in the judgment is not sufficient,and the court in some cases does not recognize the procuratorate’s determination of the subjective aspect.The second part is the regression theory,which analyzes "for the Purpose of Illegal Possession"from the perspective of category,status,function and value,and considers the crime of loan fraud into the framework of purpose crime.This article believes that the difference between criminal law and civil law in "possession" mainly has three aspects,including objective aspect,subjective aspect and object of possession.After comparing the four theoretical views of "for the Purpose of Illegal Possession",the author agrees with the theory of illegal ownership."for the Purpose of Illegal Possession" plays an important role in distinguishing this crime from that crime,crime and non-crime in our criminal law.In terms of the existence necessity of the provision "for the Purpose of Illegal Possession",the author agrees with the"affirmative theory".The author believes that the crime of loan fraud is a severed consequential crime,and its relationship with the crime of fraud belongs to the concurrence of laws and regulations.The third part finds out the reasons for the dispute of "the Purpose of Illegal Possession" in the crime of loan fraud and the problems injudicial presumption,and focuses on the research and analysis of various views and propositions of the academic community and the doctrinal interpretation of judicial presumption,including the difficulties faced in judicial practice.This article believes that the disputes focus on the connotation,judicial presumption and the time of the purpose of "Illegal Possession" of the crime of loan fraud.The author reconstructs the connotation of "the Purpose of Illegal Possession" of the crime of loan fraud,and praises the theory of post intention.The study found that there are three dilemmas in judicial presumption in practice,that is,the legal presence of judicial presumption of law is low based on the effective level,the difficult choice of judicial personnel to use judicial preferentially,and the criteria for judicial positive refutation are not clear.The fourth part puts forward the ideas and concrete suggestions to improve the judicial presumption in the crime of loan fraud in view of the above problems and analysis,and finally tries to put forward the way to construct the crime of loan fraud in the judicial presumption.The author believes that it is necessary to reconstruct the idea of proving the unity of subjective and objective,and give suggestions to improve the judicial presumption,that is,to improve the effectiveness of the legal basis of judicial presumption,to improve the Minutes,and to improve the normative and reasonability of judicial documents.Finally,three situations that should not be identified as "for the Purpose of Illegal Possession" are proposed.By limiting the identification of subjective elements,the crime path of loan fraud is initially constructed.