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The Study on Several Problems of the Crime of Defrauding Loans

Author: WangMinWei
Tutor: ZhuJianHua
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Legislative Background Constituent elements Charges compare Horizontal intercept crime Perfection of Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 144
Quote: 1
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\Many objective behavior similar to the two crimes, acts harmful to society considerable body with two crimes can not be proven to meet the purpose of the request and escaped penal sanctions. Look abroad economically developed countries, in the model of regulation of loan fraud crime legislation but many are worth learning at. In this context, the \Adopt non-purpose guilty of the crime of legislative technique, subjective, are not required to have a specific purpose, \tight, lifted the plight of judicial determination, but also to prevent the excessive expansion of the circle of crime, reflects the the Modesty value of the criminal law. Accompanied by new charges from the many controversial issues, however, gave the legislative and judicial practice has brought new challenges, such as the sin of Loan Fraud, Gregory lending crime of difference between competing issues. One of the provisions of section 175 of the Penal Code the crime of complete counts of obtaining credit, bill acceptance, financial ticket crimes, due to its selective counts only the crime of obtaining credit. The article is divided into four main parts: the first part of the domestic and international legislation related loan fraud crime, the need to analyze the cause of legislation of the offense and the offense legislation; second part of a comprehensive exposition of the elements of the crime of obtaining credit, noting in particular subjective aspect of this crime is the direct intention of the crime of objective harm behavior can be expressed in the omission, and made a detailed definition of \judicial determination of Loan Fraud, Gregory lending crime of comparison to clarify the offense. Especially through the sin of Loan Fraud, Gregory lending sin difference between cross-competing relationship proposed three crimes each other loan fraud crime of criminal horizontal intercept point of view, and set in the sin longitudinal intercept Terms possibilities; tight to the crime of criminal Roland Garros legislative advantages, and also pointed out that this crime legislation \standard setting not reflect the differences in the level of economic development, and proposed a \

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