In the field of civil litigation, the concept of professional lender has a long history, while in the field of criminal litigation, professional lender is a concept closely related to routine loan fraud and illegal business. The identification standards of the two are different. In the field of criminal proceedings: according to the latest judicial opinions of Gao Liang 20 19+00 and 2 1, the standard of professional lenders for the crime of illegal business operation in criminal proceedings is to "regularly extend loans to unspecified social objects", that is, to extend funds to unspecified people (including units and individuals) for more than 10 times in two years, and in the field of civil proceedings: the field of civil proceedings. Since commercial lending belongs to the qualification field of financial franchising in China, if it happens between acquaintances and relatives, it falls within the jurisdiction of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases (20 15), but if it is a professional lending behavior aimed at an unspecified public, it is an unqualified lending business, and the contract should be deemed invalid. In recent years, because the definition of borrowing from acquaintances and relatives and borrowing from unspecified subjects has not become a serious social problem, many civil disputes are directly resolved according to relevant civil laws. However, after the tide of eliminating evils, the crackdown on professional lending has become the focus. Therefore, local courts have issued different identification standards. (But the core is the same, that is, according to the characteristics of the number of private lending cases involved by the same plaintiff or related plaintiff in a period of time, interest rates, contract formatting degree, etc., combined with local reality, a "professional lender list" is established. )
For example, Zhejiang's standard is that "in the same year, the same or related plaintiff involved more than 10 in the same grass-roots court's civil litigation, or more than 15 in the same intermediate court and grass-roots court under its jurisdiction;" Ningxiang, Hunan Province "based on the number of cases closed for four consecutive years, the same or related plaintiffs sued our private lending case 10 (including pre-litigation mediation, the same below);" Wait, local courts will designate different lists of practicing lenders according to the local economic development, and you can find your own standards. Consequences of identifying professional lenders in civil litigation: In civil litigation of private lending, if the lender is identified as a professional lender, the litigation result is generally that the original loan contract is invalid. The guarantor does not assume the guarantee responsibility and the borrower returns the principal. For example, in a typical case in Hebei, in June of 17, Zhang Qiang borrowed 90,000 yuan from Xu, and both parties agreed on the loan interest. Later, there was a dispute between the two sides, and Zhang Qiang sued Xu for returning the principal and related interest. Finally, Baoding Intermediate People's Court held that in the past year, the appellee was allowed to sue in the court of first instance on the grounds of private lending disputes, and the defendants were all unspecified people. Their lending behavior is repetitive and frequent, and the purpose of lending is business, not illegal financial business activities. The private loan contract signed by Xu is invalid because it violates mandatory laws, and the loan contract in this case is invalid. Zhang Qiang paid Xu money.