违法发放贷款罪实务问题浅析

近年来,违法发放贷款犯罪案件呈高发态势,严重扰乱了国家金融秩序,影响了社会稳定,如何准确打击违法发放贷款犯罪是司法机关亟需解决的课题。认定是否构成本罪,在司法实践中应注意几个实务问题:《贷款通则》等部门规章不能作为本罪直接援引的"法律规定",但可以作为认定依据;通过委托贷款或信托贷款等形式发放贷款在符合本罪构成要件的情况下,亦可能构成本罪。

On the Practical Problems of the Crime of Illegally Granting Loans

TIn recent years,the crime of illegal loan issuance has occurred continuously,which has seriously disturbed the national financial order and affected the social stability.It is an urgent task for judicial organs to crack down on the crime of illegal loan.In judicial practice,we should pay attention to the following practical issues when determining whether it constitutes this crime:the general principles of loans and other departmental rules can not be directly cited as the"legal provisions"of this crime,but can be used as one of the basis for determination.In accordance with the constitutive requirements of this crime,it may also constitute this crime to issue loans in the form of entrusted loans or trust loans.