贷款诈骗罪构成要件疑难问题研究

Analysis on the Problems in the Elements of the Crime of Fraud for Loans

贷款诈骗罪构成要件的疑难问题集中地体现于二点:单位骗贷问题与非法占有目的。在疏理了对单位骗贷问题的无罪论、等同论和变通论等观点之后,重点阐释了变通论的不足与等同论的合理根据。对非法占有目的问题,应在应然上坚持客观主义立场的不要说,同时应注意认定此目的时的复杂情形。同时,对本罪客观方面的疑难之处,本文也予以简要分析。

The problems on the elements of the crime of fraud for loans are highlighted on two points:the problem of unit fraud for loans and the purpose of illegal possessing.In this article the author has had a brief examination on a series of attitudes on the problem of unit fraud for loans,such as non- criminal attitude,equalism and accommodationism. And he put the importance on expounding the reasons for shortcomings of aceommodationism.As for the purpose of illegal possessing,the author holds that if view it from should - be point,we should stand on the side of objective position of discarding,and at the same time,we should pay attention to complicated situations when we try to make out the purpose. Besides,the article shows a brief analysis by the author on the problems in the objective part of the crime.