关于贷款诈骗罪的思考

Ponderatlons on the Crime of Fraud in Loan

我国现行《刑法》有关“贷款诈骗罪”的设计,将“单位”排除在贷款诈骗罪的主体之外,“以非法占有为目的”的主观要件难以认定,罪状面窄。建议将单位列为贷款诈骗罪的主体,增设贷款虚假陈述罪。

In the present criminal law, the design of crime of fraud in loan removes the 'unit' from the main part as the crime of fraud in loan, which makes it difficult to determine the crime of 'possess illegally'. It is suggested that we should consider unit as the main part of the crime of fraud in loan and add the crime of false statement.