Criteria for determining professional lenders

1. What are the criteria for identifying professional lenders?

1. The criteria for identifying professional lenders are as follows:

(1) Based on the number of cases closed for three consecutive years, the same plaintiff or related plaintiff involved more than 20 private loans in the same basic court civil litigation;

(2) In the same year, the same or related plaintiff involved in the civil litigation of the same grass-roots court with more than 10 private lending;

(3) The same plaintiff or related plaintiff involved in more than five cases of private lending in the same grass-roots court, and the accumulated amount reached more than 6,543,800 yuan.

2. Legal basis: Article 186th of the Criminal Law of People's Republic of China (PRC).

Crime of illegally issuing loans: staff 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 fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.

Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.

The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.

Second, what are the constitutive elements of the crime of illegally issuing loans?

The constitutive elements of the crime of illegally issuing loans are as follows:

1, objective elements, the object of infringement is the national financial management system;

2. The objective requirements are objectively manifested as violating the provisions of laws and administrative regulations, neglecting their duties or abusing their powers, and lending to others other than related parties, resulting in heavy losses;

3, the subject elements, the subject is a special subject;

4. Subjective elements are subjective faults.