Comparative Analysis of Objective Signs of Illicit Obtaining of a Loan under the Criminal Code of the People’s Republic of China and the Criminal Code of the Russian Federation

Abstract

The global financial crisis and its consequences have now received a new round of development in both the People’s Republic of China and the Russian Federation. These events very clearly demonstrate their negative impact on society and its vital activity. And as a consequence of a difficult economic situation in these two countries, the credit and banking sector of the economy today is one of the most criminogenic. The paper is devoted to the analysis of the objective composition of the illegal receipt of a loan provided for in the Criminal Code of the People’s Republic of China and the Criminal Code of the Russian Federation. The author examines statutory regulation in Article 175.1 of the Criminal Code of the People’s Republic of China and Article 176 of the Criminal Code of the Russian Federation of mandatory signs in the context of the object, subject and other characteristics of the facts of the crime. The analysis of the legal provisions on illegal receipt of a loan indicates a number of problems related to understanding the immediate object of the crime in question, its subject and certain signs of the facts of the crime, as well as the existence of legislative gaps in the criminal law regulation of this crime in both countries. These are, first of all, the problems of legal benefits (the object of the crime) that are encroached upon by the illegal receipt of a loan, i.e., what will be its specific object and what will be the direct object; whether it is worth providing for an independent composition in relation to the state special-purpose loan with a special part; whether such negotiable documents (financial bills) as a letter of credit, accounting bills, a letter of guarantee, etc. should be included in the scope of the objects of this crime; whether there is a need to replace the norm «knowingly false information about the economic situation and financial condition» of Article 176 of the Criminal Code with the wording «deceptive method», etc. All these issues require a mandatory solution.