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目前,贷款诈骗行为频繁发生,严重损害了金融机构的资金所有权,破坏了稳定的金融秩序。在认定贷款诈骗罪的过程中,有一些疑难问题没有得到很好地解决。尤其是“非法占有目的”的认定,关系到罪与非罪的原则问题。本文将从“非法占有目的”的含义入手,分析“非法占有目的”对定罪的影响,最终指出准确并且及时判断“以非法占有为目的”必须考虑的几个要素。
At present, loan frauds have occurred frequently, seriously damaging the financial ownership of financial institutions and undermining a stable financial order. In determining the process of loan fraud, there are some difficult problems have not been well resolved. In particular, the recognition of the purpose of illegal possession concerns the principle of sin and non-sin. This article will start from the meaning of “purpose of illegal possession” and analyze the influence of “purpose of illegal possession” on conviction, and finally point out several elements that must be considered accurately and promptly for “purpose of illegal possession”.