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Theory of Loan Fraud

Author: ZhangCaiJuan
Tutor: TianHongJie
School: China University of Political Science
Course: Legal
Keywords: Loan fraud Purpose of Illegal Possession Unit loan fraud Lie to use the loan to crime Intent after
CLC: D924.3
Type: Master's thesis
Year: 2006
Downloads: 213
Quote: 0
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Abstract


In recent years, the number of loan fraud crime incidence rising incidence significantly expanded the scope and amount of money involved is staggering. The loan fraud crimes seriously disrupting the order of the management of state loans, endangering the safety of the financial institutions, credit funds, causing huge economic losses to the state and financial institutions, and can easily lead to financial risk. In order to combat this growing loan fraud on June 30, 1995, the NPC Standing Committee made a decision on the Punishment of the Crime of Crimes of Disrupting Financial Order 10 for the first time provisions of Loan Fraud, 1997 Penal Code absorption and perfect this provision. Loan Fraud charges established in China for more than 10 years, however, how to identify Loan Fraud is still the focus of attention by the difficulties in the judicial practice, theory community, a lot of controversy. Of Loan Fraud concept from the start, a detailed analysis of Loan Fraud constituent elements, depth discussion of the shortcomings of the existing criminal law, and on this basis the author on the perfecting of Loan Fraud legislative proposals to the legislation on China benefit and judicial practice. Divided into four chapters: Chapter 1: of Loan Fraud Overview. This chapter is divided into two parts, the first part, the author introduces the concept of the loan and the principle of good faith, loan risk prevention system; second part of Loan Fraud introduced the concept of Loan Fraud legislative development in China. Of Loan Fraud constituent elements of research and the perfecting legislation to pave the way. Chapter II: Loan Fraud constituent elements of research. On any charges, are inseparable from the circumstances of a crime. Circumstances of a crime under the Penal Code, the decision of an act harmful to society and the extent of the acts established the crime must have all the objective elements and subjective elements of the organic whole, including the object of a crime, the objective aspect of crime, criminal subject four organic part of the subjective aspect of crime. It is the distinction between the crime or the standards of this crime and other crimes, a crime of several crimes, felonies and misdemeanors. Therefore in this chapter the author of Loan Fraud of the object of the crime, the objective aspect of crime, the subject of a crime, criminal subjective aspects of each of the studies. Chapter shortcomings: the criminal law of Loan Fraud provisions. I believe that its shortcomings, there are three main aspects: First, the subject of crime legislation defects, existing criminal law did not flats as Loan Fraud criminal subject, leading to units in practice how to deal with loan fraud caused great controversy; Second, the lack of \

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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