骗取贷款、信用罪之立法解析

Legislation of Cheating Loan and Credit of Crime is Analytical

骗取贷款、信用罪是刑法修正案(六)增设的罪名。对骗取贷款、信用行为犯罪化,是金融活动的诚信原则的要求,是惩治金融犯罪的诉讼活动的客观需要,也符合域外刑事立法的趋势。作为新增的罪名,要注意把握本罪的构成特征,划清罪与非罪、此罪与彼罪的界限,这对于正确认定和处理骗取贷款、信用案件具有重要意义。

The crime of cheating loan and credit is an added crime in ＂the sixth amendment in criminal law＂.Criminalizing the be-havior of cheating loan and credit,is a request of trustworthiness principle of financial activity,is the objective demand of the litigation activity that cures the financial crime,and matches the trend of criminal legislation of the outside countries.As a new crime,we should hold its composing characterizations,and distinguish the crime from non-crime,this crime from other crimes.It is quite important to correctly handle the cases of cheating loan and credit.