A Study On The Intersection Of Civil And Criminal Issues In The Determination Of Double Fraud Of Guarantee And Loan

Double fraud of guaranteed loans refers to the act of the perpetrator deceiving the guarantor to provide guarantees,and then using this as a basis to deceive the bank and obtain bank loans.Because in such cases,there are more than three parties involved,two or more fraudulent behaviors,and two or more contracts,which leads to the complexity of the case.There is a certain correlation between the behavior before and after.There is a situation where the guarantor loses the security interest and the bank obtains the security interest,making it difficult to determine the ultimate victim.In the current severe epidemic situation,such cases occur frequently.Due to the complex nature of the cases and the huge amount involved,they seriously hinder the development of the socialist market economy and pose significant social harm.This article identifies the controversial points in the dual fraud of guaranteed loans through case analysis.Under the premise of adhering to a problem oriented approach,theoretical research is conducted on the definition of guarantee fraud and loan fraud as two main lines.The security interest belongs to the legal interest of property,and the fraudulent act of security infringes on the security interest,causing actual damage to the property,and the act is completed when the security interest is established.The amount of crime should be limited to the scope of the guarantee,and the determination of the amount should not exceed the value of the collateral.Criminal behavior does not necessarily lead to the invalidity of the contract.The effectiveness of loan contracts and guarantee contracts should be judged in accordance with Article 153 of the Civil Law.The loan contract is a revocable contract,and the bank is an uninformed beneficiary of third-party fraud.The guarantor does not have the right to revoke the guarantee contract.The bank has obtained the security interest and has not suffered any damage,and the subsequent repayment does not affect the nature of loan fraud.When the value of the security interest exceeds the loan value or the difference is within 500,000 yuan,loan fraud does not constitute the crime of loan fraud or loan fraud.If the difference is over 500,000 yuan,a comprehensive judgment should be made based on factors such as the actor’s performance.When a crime is added to the guarantor’s personnel,for the part exceeding 500,000 yuan,both parties shall form an accomplice.The pursuit and order of compensation in criminal law and the continued performance in civil law cannot be carried out simultaneously.When the guarantor requests the cancellation of the contract,coordination can be carried out between the recovery and the order to refund the compensation.When the guarantor requests to continue performing the contract,the application of penalty enforcement measures should be based on the smooth performance of the contract.The security interest shall not be recovered,and loans shall not be recognized as criminal proceeds,proceeds from the disposal of stolen goods,and proceeds from crime shall not be recovered.The order in which criminal victims receive compensation for the recovery and confiscation of the legitimate property of the perpetrator shall not have priority over other legitimate civil creditors.