Is Routine Lending Legal? Is it illegal to take out a routine loan

Hello, formal loan platforms usually do not charge pre-loan fees for any reason, so you must be wary when encountering them. If you need money urgently, you can consider taking out a loan to relieve the pressure, but at the same time, you should also do what you can and try to make money. Now there are many ways to apply for a loan, you can apply for a bank loan through a mortgage, and a more convenient way is to apply for a personal credit loan.

It is recommended that you use Youqian Hua, which is a credit service brand under Du Xiaoman Finance (formerly known as: Youqian Hua, renamed as "Youqian Hua" in June 2018), a big brand with reliable and low interest rates. Youqian Hua has launched a consumer credit product for individuals, with a maximum loan amount of 200,000 yuan (click on the official amount, the daily interest rate is as low as the start, and it has the characteristics of simple application, low interest rate, fast lending, flexible borrowing and repayment, transparent interest and fees, and strong security.

Share with you the application requirements for money to spend: The application conditions for money to spend are mainly divided into two parts: age requirements and information requirements. 1. Age requirements:

2. Information requirements: During the application process, you need to provide your second-generation ID card and your debit card. Note:

The application is only supported by debit card, and the application card is also your borrowing card. My identity information must be the second-generation ID card information, and I cannot use a temporary ID card, an expired ID card, or a first-generation ID card to apply.

This answer is provided by Youqianhua, please borrow reasonably according to your needs, and the specific product-related information is subject to the actual page of Youqianhua's official app. I hope this is helpful to you, click below on the mobile phone to measure the amount immediately! The maximum borrowing amount is 200,000.

Hello, the test of whether a loan platform is legal depends on whether he has a formal business license and whether his annual interest rate exceeds 36%, if it does not exceed 36%, it is a legal loan platform.

Many of these loan platforms deceive people or have very high interest rates, and many of them are illegal without registration qualifications, so don't believe it and don't play.

Routine loans are illegal. It is an illegal and criminal activity related to inducing or forcing the victim to sign a "loan" or a disguised "loan", "mortgage", "guarantee" and other relevant agreements for the purpose of illegal possession, under the pretext of private lending, and forming false creditor's rights and debts through methods such as inflating the amount of the loan, maliciously creating a breach of contract, arbitrarily determining the breach of contract, or destroying evidence of repayment, and illegally taking possession of the victim's property with the help of litigation, arbitration, notarization, or the use of violence, threats, or other means.

The basic characteristics of the crime of fraudulent loans.

1. Create the illusion of private lending. The defendant solicited business in the name of a "microfinance company", signed a loan contract with the victim, created a false impression of private lending, and deceived the victim into signing an "inflated loan contract", "yin and yang contract", and real estate mortgage contracts under various names such as "liquidated damages" and "security deposits";

2. Creating traces of bank flows, deliberately creating the false impression that the victim has obtained all the money borrowed under the contract;

3. Unilaterally arbitrarily determining that the victim is in breach of contract and requiring the victim to immediately repay the "inflated loan";

4. Maliciously inflating the amount of borrowing. When the victim was unable to pay, the defendant introduced other fake "microfinance companies" or individuals, or "pretended" to sign a new "inflated loan contract" with the victim to "settle the account", and Jin Hui was stupid to increase the amount of the loan.

5. "Debt collection" with both hard and soft measures, or filing false lawsuits, and achieving the purpose of embezzling the property of the victim or his close relatives through a judgment in favor of the lawsuit.

[Legal basis].Article 9 of the "Opinions on Several Issues Concerning the Handling of Criminal Cases of 'Routine Loans'".

For criminals who commit 'routine loans', the force of application of property penalties shall be increased in accordance with law on the basis of the specific crimes they have committed. Where the provisions of Criminal Law article 37-1 are met, they may be prohibited from engaging in relevant occupations in accordance with law.

Fraudulent lending is a crime, and in practice, fraudulent lending is often found to constitute the crime of fraud. Because routine loans are in fact packaged as ordinary private loans through various means, through inducement, deception, even threats, coercion, and other means, the borrower, that is, the victim, to sign the so-called loan contract or mortgage loan contract, guarantee contract, guarantee contract, etc., after the borrower signs the contract, and then by increasing the amount of the loan, or according to the already unfair contract terms to create a breach of contract, or the contract terms themselves are extremely prone to breach of contract. and making it impossible for the borrower to prove that he has repaid the debt. For example, although the borrower actually borrowed 500,000 yuan and has already repaid 300,000 yuan, through the method of routine loans, a chain of evidence that the borrower still owes 500,000 yuan can be formed.

After that, the lender forced the borrower to repay the loan by filing a lawsuit in the court, or initiating arbitration with the arbitration commission according to the contract, or even using violent means to collect the loan, with the purpose of illegally taking possession of the borrower's property, which obviously constituted fraud. As long as the sentencing standards for the crime of fraud are met, for example, more than 10,000 yuan is already an act of fraud with a relatively large amount, and a sentence of up to three years imprisonment or other "punishments" may be imposed in accordance with law. Article 266 of the Criminal Law Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given, and/or a fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

Legal Analysis: "Routine Loan" is a general term for illegal and criminal activities related to inducing or forcing victims to sign "loans" or disguised "loans", "mortgages", "guarantees" and other related agreements in the name of private lending for the purpose of illegal possession, forming false claims and debts by inflating the loan amount, maliciously creating breach of contract, arbitrarily determining breach of contract, destroying evidence of repayment, etc., and illegally taking possession of the victim's property with the help of litigation, arbitration, notarization, or the use of violence, threats and other means.

Legal basis: "Opinions on Several Issues Concerning the Handling of Criminal Cases of 'Routine Loans'" Article 1: "Routine loans" refer to the formation of false claims and debts by means such as inducing or forcing victims to sign "loans" or disguised "loans", "mortgages", "guarantees" and other relevant agreements for the purpose of illegal possession and in the name of private lending, and forming false claims and debts through methods such as inflating the amount of loans, maliciously making short-selling and fabricating breach of contract, arbitrarily determining breach of contract, and destroying evidence of repayment of losses, and using litigation, arbitration, notarization, or the use of violence. A general term for illegal and criminal activities related to threats and other means of illegally taking possession of the victim's property. There is an essential difference between the "pure jujube routine loan" and the civil lending relationship formed on the basis of autonomy of will between equal subjects, and the lender of private lending does not have the purpose of illegally taking possession of other people's property in order to recover the principal and obtain interest in accordance with the content of the agreement when due, nor will it carry out acts such as inflating the loan amount, creating false payment traces, maliciously creating breach of contract, arbitrarily determining breach of contract, and destroying evidence of repayment in the process of signing and performing the loan agreement.

Fraudulent lending is a crime, and in practice, fraudulent lending is often found to constitute the crime of fraud. Because routine loans are in fact packaged as ordinary private loans through various means, through inducement, deception, even threats, persecution, etc., to make the borrower, that is, the victim, sign the so-called loan contract or mortgage loan contract, guarantee contract, guarantee contract, etc., after the borrower signs the contract, and then by increasing the amount of the loan, or creating a breach of contract according to the already unfair contract terms, or the contract terms themselves are extremely prone to breach of contract. and making it impossible for the borrower to prove that he has repaid the debt. For example, although the borrower actually borrowed 500,000 yuan and has repaid 300,000 yuan, the evidence chain that the borrower still owes 500,000 yuan can be formed through routine loans.

After that, the lender forced the borrower to repay the loan by filing a lawsuit in the court, or initiating arbitration before the arbitration commission according to the contract, or even using violent means to collect the loss, with the purpose of illegally taking possession of the borrower's property, which obviously constituted fraud. As long as the sentencing standards for the crime of fraud are met, for example, more than 10,000 yuan is already an act of fraud with a relatively large amount, and a sentence of up to three years imprisonment or other punishment may be given in accordance with law.

[Legal basis].

Article 266 of the Criminal Law Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given, and/or a fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

"Routine loans" are illegal and criminal acts, and the principal and interest of the loan are not protected by law.

Fraudulent lending is a general term for illegal and criminal activities related to inducing or forcing victims to sign "loans" or disguised "loans", "mortgages", "guarantees" and other relevant agreements in the name of private lending for the purpose of illegal possession, forming false claims and debts through methods such as inflating the amount of loans, maliciously creating defaults, arbitrarily determining defaults, and destroying evidence of repayment, and illegally taking possession of victims' property with the help of litigation, arbitration, notarization, or the use of violence, threats, and other means.

Legal basis] Article 1 of the Opinions on Several Issues Concerning the Handling of Criminal Cases of "Routine Loans", "Routine Loans" refers to the purpose of illegal possession, in the name of private lending, inducing or forcing the victim to sign "loans" or disguised "loans", "mortgages", "guarantees" and other related agreements, through inflating the amount of loans, maliciously creating defaults, arbitrarily determining defaults, destroying evidence of repayment, etc., to form false claims and debts, and to use litigation, arbitration, notarization, or the use of violence, A general term for illegal and criminal activities related to threats and illegal possession of victims' property by means of defeat.

The sentence for committing a routine loan that is not the principal offender is: for accomplices, the punishment shall be mitigated, commuted, or the punishment shall be waived. Where, for the purpose of illegal possession, the other party's property is defrauded in the course of signing or performing a contract, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

[Legal basis].Article 224 of the Criminal Law.

In any of the following circumstances, where illegal possession is used as a simple purpose, and in the course of signing or performing a contract, the other party's property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) Obtaining the property of the other party by other means.

If you have a loan on the Internet, it is useful to go to the police. Routine lending refers to the criminals' use of various means to embezzle the borrower's legitimate property, which is a fraud. If you are defrauded of 3,000 yuan, you will meet the standard for filing a case for the crime of fraud, and the public security organs will file a case for investigation.

[Legal basis].

Article 266 of the Criminal Law Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, the Bureau shall follow the provisions.