Qualitative study on double fraud in secured loans
The double fraud of secured loans involves the intersection of criminal and civil law,and the internal legal relationship is relatively complex,so there are great differences in the characterization of this behavior be-tween the theoretical and practical circles.The existing qualitative model has loopholes such as insufficient under-standing of the essential attributes of the security right and lack of discussion on the effectiveness of the security right.As a property interest,the security right has"exclusion of crime"in the evaluation of criminal law and can make up for the property losses of financial institutions.The model of loan fraud crime ignores the status of the security right in property crimes,and thus there are misunderstandings in the judgment of the elements of property loss;while the model of contract fraud crime grasps the key issue of the security right,but there is still a loophole of confusing the security right itself and the realization of the security right.The correct qualitative thinking should be to distinguish the security right itself from the realization of the security right on the premise of confir-ming that the security right obtained by the financial institution is legal and valid,and finally adopt the model of contract fraud crime to determine that the perpetrator has committed contract fraud against the guarantor.
contract fraud crimeloan fraud crimeproperty losssecurity right
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维普
