1. What is the crime (law) of withdrawing provident fund from a fake house title certificate?

If you don't consider it carefully, it is likely to constitute a crime. But on second thought, this is totally incorrect.

the object of crime infringement or the legal interest of protection is the ownership of public and private property. And who owns the housing provident fund? Article 3 of the State Council's Regulations on the Management of Housing Provident Fund clearly stipulates that the housing provident fund paid by individual employees and the housing provident fund paid by the employee's unit for employees belong to individual employees. Then, if you withdraw all your money yourself, it obviously does not infringe on the ownership of public and private property, so it obviously does not constitute a crime.

In fact, the act of extracting housing provident fund from fictitious facts is an act of violating the management order of housing provident fund. For this kind of act, the Criminal Law does not stipulate that it is a crime, and even the Regulations on the Management of Housing Provident Fund does not stipulate that it should be given administrative punishment. Therefore, it can be considered that this kind of behavior is very harmful, and there is no need to give administrative punishment at all, and it will not constitute a crime.

The second and third suites are provided with loans to buy a house.

The third suite cannot use provident fund loans.

Because according to the second suite identification standard, the second suite will be defined in strict accordance with the principle of "recognizing the house and recognizing the loan".

On May 26, 21, the Ministry of Housing and Urban-Rural Development and other three departments issued the Notice on Standardizing Commercial Standards, which made it clear that the second home is recognized as a family unit, and implemented the

second home recognition standard of "recognizing the house and recognizing the loan" in 21. Before lending, banks should not only inquire about the loan

records, but also log in to inquire about the housing quantity of the borrower's family. Define the second suite strictly according to the principle of "recognizing the house and recognizing the loan".

According to the Notice on Standardizing the Second Set of Housing Identification Standards in Commercial Personal Housing Loans, in the future, loan buyers should fill in the Application Form for Family-owned Housing when applying for loans, and banks should determine the implementation standards of differentiated housing credit policies according to the application situation, face-to-face survey, interview (if necessary), credit inquiry and housing transaction ownership information inquiry.

On Standardizing Housing Provident Fund

In order to standardize the housing provident fund personal housing loan policy, according to the relevant provisions of the Regulations on the Management of Housing Provident Fund and the Notice of the State Council on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities, the notice of the State is as follows:

1. The housing provident fund personal housing loan can only be used to deposit and overhaul ordinary self-occupied housing to support the basic housing demand. It is strictly forbidden to use speculative housing purchase.

second, maintain the continuity and stability of the policy of paying employees' families (including borrowers, spouses and minor children, the same below) to purchase the first set of ordinary self-occupied housing by using housing provident fund personal housing loans. If the first ordinary self-occupied house is purchased with the personal housing loan from the housing accumulation fund, and the Taoxing construction area is below 9 square meters (inclusive), and the down payment ratio of the loan is above 9 square meters, the loan will be%.

Third, the second set of housing surplus is limited to paid-in workers' families whose existing per capita housing construction area is lower than the local average level, and the loan purpose is limited to the purchase of ordinary self-occupied housing with improved living conditions. The down payment ratio of the second housing provident fund personal housing loan shall not be less than 5%, and the loan interest rate shall not be less than 1.1 times of the first interest rate in the same period.

fourth, stop issuing housing provident fund personal housing loans to families who buy jobs.

5. The Urban Housing Provident Fund Management Committee should reasonably determine the maximum amount of individual housing loans from the housing provident fund based on the local housing price, per capita housing construction area and the development of housing provident fund business, with the principle of supporting the loan demand of paid employees to buy ordinary self-occupied housing, and report it to the provincial housing and urban construction, finance, the People's Bank of China and banking supervision departments for the record. The maximum amount of individual housing loans for housing accumulation funds of municipalities directly under the Central Government and Xinjiang Production and Construction Corps shall be reported to the Ministry of Housing and Urban-Rural Development, the Ministry of Finance, the People's Bank of China and the China Banking Regulatory Commission for the record.

VI. Urban housing provident fund management centers and entrusted banks should take effective measures to strengthen the investigation, review, mortgage, issuance and recovery of individual housing loans of housing provident fund, effectively strengthen loan risk management and ensure the safety of funds. The housing provident fund management center shall, jointly with the relevant competent departments, pay close attention to establishing an information sharing mechanism to prevent fraudulent housing provident fund personal housing loans and other acts. At the same time, it is necessary to simplify the procedures and improve the service level.

what is the crime of defrauding provident fund loans for the third and third suites?

The third suite defrauds the provident fund loan, which constitutes a financial crime.

iv. what legal responsibilities should be borne by fraudulently withdrawing housing provident fund

the provident fund management center shall order the withdrawal of housing provident fund by fraud, and impose a fine of more than 1 time and less than 3 times the amount defrauded. Cancel the five-year provident fund withdrawal and loan qualification.