Research On The Judicial Identification Of The Crime Of Fraudulent Loans Under The Legal Interest Of Loan Credit Securit

The Amendment(XI)to the Criminal Law of People’s Republic of China removes the "other serious circumstances" of the basic crime of obtaining loans by deception and retains only the "significant loss" in order to limit the scope of regulation of the crime.However,in judicial practice,there are still problems such as unclear criteria for determining deceptive acts,confusing criteria for judging significant losses and blurring the boundaries of the crime.In the context of legislative amendments,the legal interests of the crime of loan fraud should be further clarified,and the "credit" tool should be introduced as a criterion in the financial field,and the legal interests of the crime should be positioned as "loan credit security",and the infringement of legal interests should be in line with The infringement of legal interests should meet the criteria of "loan credit" and "loan fund security".Based on the legal interest of loan credit security,the deceptive act,banks and other financial institutions and significant loss of the crime of loan fraud should be redefined: the deceptive act must have a substantial impact on the loan and cause the staff of the financial institution to fall into a false understanding;banks or other financial institutions should include microfinance companies and financial institutions that can engage in loan business in accordance with the law in the mixed business;significant loss is constitutive element element,which should be objectively attributed according to the loan credit security theory,and its starting time should be the time when the investigating authority files the case.In addition,there is competition between the crime of obtaining loans by deception and the crime of illegal issuance of loans,the crime of loan sharking and the crime of contract fraud,and various competing situations exist,which should be typed depending on the specific situation.