本罪旨在将使用欺诈手段骗取银行贷款，致使银行贷款的安全回收产生了具体性危险，又难以证明借款人主观上具有非法占有目的行为，纳入刑法规制的范畴，从而将预防金融风险的防线前移。本罪采用的是具体危险犯与实害犯折中的立法模式。骗取银行贷款后用于生产经营等正当目的，以造成重大损失为成立该罪的条件，否则，即便按期还本付息，只要骗贷行为使银行贷款的回收产生了具体性危险，也有可能评价为“其他严重情节”而构成本罪。%The purpose of the crime of cheating on loans is to punish those who gain bank loans by cheating and whose purpose of illegal possession is doubtful,which threatens the repaying of banking loans.Restricting these behaviors by Criminal Law,is to prevent financial risk earlier.The legislative model of the crime of cheating on loans is to remain neutral between crimes specific risks and practical con-sequences.If the perpetrator cheats on loans to manufacture and operate product,the condition of convic-tion is causing significant losses.Otherwise,as long as the perpetrator's cheating threatens the repaying of the bank,regardless of whether he has repaid on time or not,he could be convicted just because his behav-ior could be evaluated as other serious circumstances.
展开▼
