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Of the Crime of Loan Swindling

Author: TangJianFang
Tutor: XueJinZhan
School: East China University of Politics and Law
Course: Legal
Keywords: the crime of loan swindling constitution of a crime the article 193 of the Criminal Law of P.R.China
CLC: D924.3
Type: Master's thesis
Year: 2004
Downloads: 166
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Abstract

Chinese present criminal law has added the crime of loan swindling, which is of great importance to punish act of loan swindling, ensure security of credit funds of financial institutions, and maintain financial order of the state. However, the judicial branch has often meet various problems when deal with cases under this article, because it merely takes natural person as its subject of crime and illegal possession its objective essential. Also, the ambiguity between this crime and others adds the difficulty of this kind. This article tries to examine constitution of the crime of loan swindling, difference between this crime and others from a perspective of the combination of theories of criminal law and judicial practices. The writer expects that this article can help to the perfection of legislation, theoretical research and judicial practices in criminal law.This article falls into four chapters. First emphasizes the establishment of the crime of loan swindling and its constitution. The object of this crime is compound, that is, order of financial management of the state and property of both public and private belongings. I make a detailed description of the subjective characters of this crime and the four modes of conduct listed under the article 193 of the Criminal Law and thus enumeratesome practical cases. Furthemore, I deem that it is a defection to limit the object of this law to natural person. As for the objective essential, I suggest that the judges should cognizance the actor’ s intent for illegal possession by the means of judicial deduction in practice . Second analyzes the borders between the crime of loan swindling, innocence and other crimes.This analysis takes two steps :First, an analysis of the difference and connection between this crime , the disputes raised in debit and credit, and the acts of loan chear; Second, an analysis of the borders between this crime and other kindred crimes. I also deal with some typical cases to expose the characters of this crime in the second step above. The third chapter focuses on the judicial deduction of this crime of loan swindling. I here analyze the criterion, common patterns of complicity and the abortive modality of this crime. The last chapter is mainly for the suggestions for legislative amendment concerning the crime. Based on the above study,I present that unit could be the object of the crime and the act of deceiving to loan could constitute this crime.

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