贷款欺诈犯罪的法律适用探微

Research on the Law Application of Loan Swindling Crime

采用欺骗手段取得金融机构贷款的行为涉及我国刑法中贷款诈骗罪或骗取贷款罪的适用,认定贷款诈骗罪的非法占有目的应以对客观欺诈行为的考察为依据,单位应纳入贷款诈骗罪的主体范围,司法解释应对骗取贷款罪的具体适用标准予以明确,未来贷款欺诈犯罪可采用行为犯的立法模式以实现刑法的价值目标。

The acts of obtains loans from financial institutions by use of deception involving the application of the crime of loan defraud or the crime of obtaining loan in Criminal Law.To determine the purpose of illegal possession of the loan defraud crime should be based on an objective examination of the loan swindling.The unit should be included in the scope of subjects of the crime of loan defraud.Application standards of the crime of obtaining loan should be clear by Judicial Interpretation.In the future,the legislative pattern of offence by circumstances can be used for loan swindling crime to achieve the value target of Criminal Law.