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一、“拆东补西”之探析所谓“拆东补西”是指行为人在一定时期内,向一家金融机构多次贷款,或向几家金融机构贷款,以后次获取的贷款偿还前次贷款的情形,即属通常所说的“拆东墙补西墙”。对于该种情形也应以本罪的犯罪构成特征来认定,关键是行为人是否具有非法占有的目的。对于行为人有偿还能力,其采取此种方法只是为了满足生产需要,但通过正常贷款程序又有困难的,特别是无法
First, “demolition Dongxu Xi ” The analysis of the so-called “Demolition Dongxu Xi ” refers to the perpetrator in a certain period of time, multiple loans to a financial institution, or loans to several financial institutions, to obtain later Loans to repay the previous loan situation, which is commonly referred to as For this kind of situation should also be characterized by the crime of the crime to identify the key is whether the perpetrator has the purpose of illegal possession. This method of reimbursement of the perpetrator is only intended to meet production needs, but it is difficult to pass the normal loan procedures,