Professional lender: refers to an individual who engages in high-interest lending, also known as usury, or an individual who has strong financial strength but engages in private lending to individuals or enterprises in the name of an investment guarantee company. Professional lenders should exclude loans between natural persons.
The lending behavior of professional lenders is prohibited by law. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Article 680 of the Civil Code of People's Republic of China (PRC): It is forbidden to borrow at high interest, and the lending rate 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 that there is no interest.
If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
The filing standards of professional lenders are:
First, based on three years, the same plaintiff involved more than 20 private loans in the civil litigation filed by the court.
Two, the same plaintiff in the same year to the people's court filed more than 10 civil litigation.
Three, in the same year, in the intermediate people's court for more than five 1 ten thousand yuan.
The constitutive elements of the crime of illegally issuing loans are as follows:
1. Infringement object
The object of infringement is one of the constitutive elements of the crime of illegally issuing loans, and it is the national financial management system, specifically the national loan management system.
2. Objective factors
Objective elements are one of the constitutive elements of the crime of illegally issuing loans. Objectively speaking, it is an act that violates the provisions of laws and administrative regulations, neglects duties or abuses power, and issues loans to others other than related parties, causing heavy losses.
3. Subjective factors
Subjective element is one of the constitutive elements of the crime of illegally issuing loans, which is subjectively manifested as negligence, that is, the actor may suffer heavy losses because of his illegal loan issuance, which is generally an overconfident negligence.
4. Main elements
The main element is one of the constitutive elements of the crime of illegally issuing loans. This entity is a special entity, which can only be established by Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business in China.
The sentencing standards for the crime of illegally issuing loans are as follows:
1. Employees of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or cause heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan;
2. If the amount of illegally issued loans is especially huge or causes particularly heavy losses, it may be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan.