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Research on the Determination of Crime of Fraudulent Use of Loans

Author: GuoJing
Tutor: ZhangHuiFang
School: Hunan Normal University
Course: Legal
Keywords: Crime of Fraudulent Use of Loans determination boundaries
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 122
Quote: 1
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Abstract


In 2006, China promulgated the sixth mendment to Chinese Criminal Law Crime of Obtaning Loans. Thus can effectively combat the Crime of Obtaining Loans, provided legislation bases for a further blow to the behavior of abuse loans for China, filled the blank of the legislation, changed the single regulation situation about abuse-loan emphatically from the loan purpose in our country, and established the dual legislative model of regulation about loan purpose and means. In judicial practice, clampdown and judicial cognizance about these behaviors are insufficient. In order to adapt to the present economic development and the rule of law requirements this article will analyse in the concrete the determination of Crime of Obtaning Loan by present laws and regulations as the foundation and combining the legislative significance of Crime of Obtaning Loan.This article focuses on demonstrating the determination of the Crime of Obtaning Loan from three parts, including the survey of Crime of Obtaning Loans, the constitution of the Crime of Obtaning Loan and the boundaries of the Crime of Obtaning Loans and other Crimes. The first part of main content are the survey of Crime of Obtaning Loans, the meaning of this crime and the legislative history of the crime of obtaining Loan, and focus on the legislative significance of Crime of Obtaning Loan. The second part is about the constitution of the Crime of Obtaning Loan. According to the traditional constitution, it is divided into four sections. This article focuses on discussing the objective aspects of the Crime of Obtaning Loan. This article discusses the means of deception, banks and financial institutions and loans. On the other hand, this article analysis and Identify "significant loss" and "other serious circumstances". The third part is the boundaries of Crime of Obtaning Loans with other crimes, including the boundaries of this crime and the crime of fraudulent of loans, this crime and the crime of high interest lending loans. I hope that it can help identify this crime in the practice through three aspects of the analysis and demonstration.

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