Professional lenders refer to lenders who take lending as their profession and charge high interest. For the behavior of professional lenders, public security organs can file a case for investigation according to law.
I. Definition of Professional Lender
Professional lenders refer to lenders who take lending as their profession and charge high interest. They usually give loans to unspecified people through various channels in the name of individuals or companies.
Second, the public security filing standards
For the behavior of professional lenders, public security organs can file a case for investigation according to law. The specific filing standards are as follows:
If lending constitutes a crime of illegal fund-raising, the public security organ shall file a case for investigation. The crime of illegal fund-raising refers to the act of illegally absorbing public deposits or absorbing public deposits in disguised form in violation of national financial management regulations, disrupting financial order.
If the act of lending constitutes a crime of lending with high interest rate, the public security organ shall file a case for investigation. The crime of lending at high interest rate refers to the act of lending the credit funds of financial institutions to others at high interest rate for the purpose of lending in violation of state regulations, and the illegal income is relatively large.
If the act of lending constitutes the crime of illegal detention, the public security organ shall file a case for investigation. The crime of illegal detention refers to the act of illegally depriving others of their personal freedom by detention, confinement or other compulsory means.
If the act of lending constitutes a crime of extortion, the public security organ shall file a case for investigation. The crime of extortion refers to the act of extorting public or private property by threatening or coercing the victim for the purpose of illegal possession.
If the act of lending constitutes a crime of stirring up trouble, the public security organ shall file a case for investigation. The crime of stirring up trouble refers to the act of arbitrarily provoking, beating, harassing others or arbitrarily damaging or occupying public or private property.
To sum up:
The behavior of professional lenders may constitute crimes such as illegal fund-raising, high-interest lending, illegal detention, extortion, and provocation. For these acts, the public security organs can file a case for investigation according to the relevant provisions of the Criminal Law of People's Republic of China (PRC).
Legal basis:
Article 175 of the Criminal Law of People's Republic of China (PRC): whoever borrows credit funds from financial institutions for the purpose of lending money to others at usury, and the amount of illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.
Article 238 of the Criminal Law of People's Republic of China (PRC): Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.
Article 274 of the Criminal Law of People's Republic of China (PRC): whoever extorts or extorts public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 293 of the Criminal Law of People's Republic of China (PRC): Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.