What is the crime of lending usury, and what is the crime of lending usury?

Selling usurious goods may be suspected of illegal business operations.

According to Article 225 of the Criminal Law of the People's Republic of China:

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to up to five years imprisonment or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains.

where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

1. It may be suspected of the crime of illegal business operation, but the following circumstances are required to be possible to file a case for investigation of the crime of illegal business operation:

Where the amount of illegal business operations by individuals is more than 50,000 yuan, and the amount of illegal business operations by units is more than 150,000 yuan; Where the amount of unlawful gains by individuals is 20,000 yuan or more, the amount of unlawful gains by units is 50,000 yuan or more.

2. If the amount is insufficient, the provisions of the "Several Opinions on the Trial of Loan Cases by the People's Courts" shall be applied, and it shall not be treated as a crime.

Legal analysis: Usury itself is a civil law issue, but if the lender takes the credit funds of a financial institution for the purpose of relending for profit, and the amount of illegal income is relatively large, it constitutes the crime of usury on-lending. At this time, the scumbag, disadvantage, and usurious lending will be elevated from a civil issue to a criminal liability.

Legal basis: Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

If the loan beam or contract is not clear on the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local or the parties' transaction methods, trading habits, and market interest rates; Those who borrow money between themselves shall be deemed to have no interest.

Where usury is violated, the law prohibits usury from lending, and the interest rate on the loan must not violate the relevant state regulations. In addition, if the perpetrator takes the credit funds of a financial institution for the purpose of relending for profit, and re-lends them to others at usurious interest, and the amount of illegal gains is relatively large, it will also constitute the crime of usurious on-lending.

There are three conditions that need to be met to file a loan shark case, which are as follows:

1. The case shall be under the jurisdiction of this organ in accordance with law;

2. After reviewing the case materials (accusations, reports, voluntary surrender, etc.), there are indeed criminal facts;

3. Criminal responsibility needs to be pursued according to the circumstances of the crime. If the case does not fall within its own jurisdiction, it should be transferred to the competent authority. If there are no facts of the crime, or the facts of the crime are obviously minor, and there is no need to pursue criminal responsibility, the case will not be filed.

Legal basisArticle 175 of the Criminal Law of the People's Republic of China.

Crime of usury on-lending] Whoever, for the purpose of re-lending for profit, takes credit funds from financial institutions and transfers them to others at usury, and the amount of unlawful gains is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and a fine of between 1 and 5 times the amount of unlawful gains is to be given; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains.

Where a unit commits the crime described in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention.

Usury is not a crime, usury is not a crime, it is generally just a loan dispute, and the income in excess of the statutory interest is not protected by law. However, usury is in a gray space, and it is easy to constitute the crime of "turning usury into a town loan" and the crime of illegally absorbing deposits from the public. Article 175 of the Criminal Law of the People's Republic of China68 Whoever, for the purpose of relending for profit, takes credit funds from financial institutions and transfers them to others at usurious interest, and the amount of unlawful gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall also be fined not less than one time but not more than five times the amount of unlawful gains; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains.

Where a unit commits the crime in the preceding paragraph, the unit is to be sentenced to a fine of Yu Inspector, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention.

Legal analysis

1. In usury activities, if the usury loan is re-loaned to a certain amount of usury, it constitutes the crime of illegally absorbing deposits from the public;

2. Obtaining credit funds from financial institutions at usurious interest and lending to others for the purpose of on-lending, and the illegal amount is relatively large, constitutes the crime of usurious on-lending;

3. Using fraudulent methods to illegally raise funds for the purpose of illegal possession, and the relatively large amount constitutes the crime of fundraising fraud;

4. Usury can easily lead to illegal detention, kidnapping, injury, fraud and other criminal offenses;

5. Private intermediaries and individuals lend their own funds with legal income at high interest rates are private lending, and if there is a dispute over borrowing imitation bank loans, it is within the scope of civil adjustment.

Legal basis

Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts》 Article 6: The interest rate on private loans may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it according to the actual conditions of their respective regions, but the maximum shall not exceed four times the interest rate of similar bank loans (including the interest rate). If this limit is exceeded, the interest on the excess part shall not be protected.

If the money lender uses illegally obtained money to lend a loan with an annual interest rate exceeding the amount of 100,000 yuan, it will constitute a crime.

Legal basis

Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases is respected.

Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time of the conclusion of the contract.

The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate issued monthly by the National Interbank Lending Center authorized by the People's Bank of China from August 20, 2019.

Legal Analysis: Is Usury a Crime? The mere act of usury does not constitute the crime of being a brother and hail, but only an illegal act.

Generally speaking, usury refers to the act of soliciting a loan with a particularly high interest rate. In determining usury, attention should be paid to the following three issues: 1. In principle, the interest on private loans cannot exceed four times the interest rate of the bank in the same period, and if it exceeds it, it is usury and is not protected by law.

2. The legal limit of usury should not simply be based on the bank's loan interest rate, but should be specially formulated according to the actual situation of each locality. If the agreed interest exceeds the statutory guide interest rate, the excess part shall be invalid, and the creditor shall not have the right to claim payment for this part. 3. In practice, in line with the principle of protecting legitimate lending relationships, conducive to production and stabilizing economic order, specific lending relationships are analyzed in detail, and then whether they constitute usury.

Legal basis: "Criminal Law of the People's Republic of China" Article 175: Where credit funds from financial institutions are obtained for the purpose of relending for profit, and the amount of unlawful gains is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and a fine of between 1 and 5 times the amount of unlawful gains is to be given; where the amount involved is huge, the sentence is to be between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention.

Article 175-1 Whoever obtains a loan, acceptance of bills, letters of credit, letter of guarantee, etc., from a bank or other financial institution by fraudulent means, causing envy to a bank or other financial institution and causing major losses, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.