骗取贷款罪行为构造研究

On the Structure of the Crime of Fraudulently Obtaining Loans

骗取贷款罪的保护法益主要是金融机构的信贷资金安全,并需基于此合理界分骗取贷款罪与贷款欺诈行为的关系。根据刑法规定与司法解释,骗取贷款罪的重大损失不是犯罪结果,也不是客观处罚条件,而是犯罪情节。应对骗取贷款一百万元以上的严重情节做限缩解释,即应该将严重情节型骗取贷款罪界定为具体危险犯。应将多次骗取贷款还原为情节行为犯,并需对多次骗取贷款行为进行教义学分析,以合理界定多次骗取贷款型骗取贷款罪的规制范围。

The protection of the legal interests of the crime of obtaining loans by fraud is mainly the security of credit funds of financial institutions,and it is necessary to reasonably demarcate the relationship between the crime of obtaining loans by fraud and loan fraud behaviors.According to the provisions of the criminal law and judicial interpretation,the heavy loss of the crime of fraudulently obtaining loans is not the result of the crime,nor is it the condition of objective punishment,but the circumstances of the crime.The serious circumstances of obtaining loans by fraud of more than 1 million yuan should be limited and explained,that is,the crime of obtaining loans by fraud under serious circumstances should be defined as a specific dangerous crime.Multiple fraudulent loan should be restored to plot crime,and the behavior of multiple fraudulent loan should be analyzed in order to reasonably define the regulation scope of the crime of fraudulently obtaining loan for many times.