On the Judicial Restriction of"Trick Loan"Fraud Crime
"Trick loan"does not have the standardization and type of the concept of crime,and it cannot become an independent crime in criminal law.Based on the influence of the criminal policy value of cracking down on the gangsters and evil forces,the practical organs tend to replace the judgment of the constitutive elements of the fraud with the typical behavior of"trick loan".The equivalence of tricks and deception,the neglect of the causal relationship between deception and cognitive errors,and the direct presumption of subjective purpose through objective behavior will blur the boundary between crime and non-crime.The judicial determination of the crime of routine loan fraud needs to adhere to the basic structure of the crime of fraud,and make a double evaluation of the objective and subjective dimensions at the two levels of the perpetrator and the victim,so as to accurately determine the crime of routine loan fraud.It is necessary to judge whether the victim has"property loss"from the perspective of the unity of legal order.It is difficult to affirm that the lender has established a crime or achieved accomplishment after setting up a false claim.
the crime of"trick loan"deceptionpurpose of illegal possessionproperty loss
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