单位成为贷款诈骗罪主体的立法疏漏及完善

目前,单位实施贷款诈骗行为频繁发生,严重侵害了国家对金融机构的贷款管理制度和金融机构对所贷资金的所有权。我国现行刑法未将单位规定为贷款诈骗罪的主体,使得司法机关难于寻求适当的法律依据追究其刑事责任,增设贷款诈骗罪单位主体势在必行。

Omission and Perfection on Legislation Concerning the Unit being the Subject of Fraud of the Loan

At present,it frequently takes place that the unit implements the behavior of fraud of the loan,which have encroached on the management system of the national loan to financial institution and ownership to the fund borrowed of financial institution seriously.However,the current criminal law of our country has not stipulated the unit as the subject of the crime of fraud of the loan,making judicial authority difficult to seek available law to impose criminal liability on them.Therefore,the unit subject of the crime of fraud is imperative to set up.