Qualitative Research on Double Fraud of Guaranteed Loans

Abstract

This article focuses on the dispute over the nature of double fraud in criminal law in cases of obtaining loans by defrauding true guarantees, systematically combs the differences between the theoretical and practical circles on the form of the number of crimes and the determination of charges, and reveals that the core of legal interest infringement in such cases is the damage to the property rights and interests of the guarantor rather than the loan losses of financial institutions. By demonstrating the key points that the establishment of the security right causes the property risk of the guarantor immediately and the bank does not suffer losses in the sense of criminal law due to the validity of the guarantee, the analysis path of combining subjective and objective analysis is put forward: When the actor has the purpose of illegal possession, although double fraud between the bank and the guarantor is involved in form, the credit risk of the bank is dispersed in advance due to the guarantee system, and the property rights and interests of the guarantor are actually infringed upon, the crime of contract fraud shall be dealt with separately; For acts lacking the purpose of illegal possession, as financial institutions are not substantially damaged and the risks fall within the normal commercial scope, criminal law regulations should be excluded. The study emphasizes that the evaluation of criminal law should be based on the nature of infringement of legal interests at the time of act, so as to avoid confusion between the determination of charges and the results of civil liquidation.