What is usury?
Usury is a crime of illegally absorbing public deposits when usury and usury reach a certain amount. For the purpose of lending, using the credit funds of financial institutions to lend to patients at high interest rates, the illegal amount is large, which constitutes the crime of lending at high interest. Illegal fund-raising by fraudulent means for the purpose of illegal possession constitutes the crime of fund-raising fraud; Usury can easily lead to criminal offences such as illegal detention, kidnapping, injury and fraud. High-interest private lending by private institutions, the legitimate income of personal own funds, belongs to private lending behavior. A loan dispute belongs to the category of civil adjustment. Usury interest = loan amount * interest rate * term, which is a common calculation method of loan interest.
Is usurer illegal?
Usury in private lending is illegal only by means of interest agreement, but it does not constitute a crime. Usually, usury is often accompanied by threats to the personal safety of debtors and violent debt collection. In this process, breaking the law may constitute a crime. According to Article 26 of Several Opinions of the People's Court on Handling Loan Cases, the interest rate agreed by both parties shall not exceed 24% of the annual interest rate. If the lender requires the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed by both parties exceeds the annual interest rate of 36%, and the interest agreement exceeding the part is invalid. The people's court shall support the borrower's request to the lender to return the interest paid in excess of 36% per annum.
Usury is more than 4 times higher than the benchmark interest rate of the People's Bank of China in the same period and is not protected by law. In the eyes of ordinary people, "private lending" is not much different from usury. Actually, it is not. The dividing point between the two is the loan interest rate. The interest rate is four times lower than the bank's interest rate in the same period, which is regarded as private lending, and the interest rate is four times higher than the bank's interest rate in the same period, which is called usury.