"the Criminal law Bill for amendment (Six)" the 10th addition swindles the loan crime， will loan the fraudulent practice This article to swindles the research which from the theory and the practice development the loan crime's crime constitution and the judicature The main body part is divided the following three chapters: the first chapter to swindle the loan crime's First， introduced briefly our country loans the fraudulent practice the legislation successional variation process and the foreign country in view of the loan fraudulent practice Next， elaborates the legislative value， thought that additionally builds this crime， is not only advantageous to the maintenance finance activities honest credit principle， the atonement present criminal law insufficiency， carries out cracks down on the financial crime severely the criminal policy， will conform to various countries to loan the fraudulent practice crime Finally， involves this crime charge the definite the second chapter to swindle the loan crime's crime constitution important This crime's criminal object is the sole object， namely loan This crime's crime object for bank or other financial organ's loan， has discriminated the bank， other financial organ and the loan connotation and the extension carefully in this， is advantageous for the judicature to This crime's objective behavior important document is divided four steps， the manner implementation deception measure， causes the bank or other financial organ immediately has the wrong understanding， the bank or other financial organ based on the wrong understanding provide loan， the author obtains the This crime's main body is the general main body， including natural person and The unit cheating loan behavior existence is suitable the difficult problem， the related viewpoint advocated that swindles the loan crime to determine guilt the punishment， but the author does not approve the synchronous viewpoint and elaborates the This crime subjective aspect displays for intentionally， actual intent and indirect may construct the cost crime intentionally， the error cannot construct the cost crime; This crime for the non-goal commit， must remove the wrongful possession goal to be able to recognize this This crime is the plot commit， determines guilt the circumstance is “creates the bank or the other financial organ heavy loss or has other serious circumstance” the third chapter to swindle the loan crime's judicature to Swindles the loan crime and the loan fraudulent practice， the usury onlent crime， the loan crime of fraud existence significant In addition， elaborated has swindled the loan crime crime stop shape， including the judgment accomplished offense and the attempted standard， the preparation shape and stopped the Swindles the loan crime's accomplice shape and the crime number shape also needs to differentiate
