The crime of illegal lending refers to the act of defrauding loans by illegal means such as high interest rate and compulsory apportionment without obtaining the financial license issued by the People's Bank of China. According to the provisions of the Criminal Law of People's Republic of China (PRC), the crime of illegal lending needs to meet the following two conditions at the same time: First, it has not obtained a legal financial business license; Secondly, engage in lending activities by illegal means such as fraudulent loans at high interest rates and compulsory apportionment. For the crime of illegal lending, the law stipulates different penalties, which can be given different degrees of punishment such as warning, fine, detention and fixed-term imprisonment according to the actual situation. Severe cases may face compulsory measures such as property punishment and restriction of personal freedom. Illegal lending seriously undermines the financial market order and social stability, easily leads to mass incidents, and also damages the legitimate rights and interests of borrowers. Therefore, the government should strengthen supervision, rectify the market order and protect the security and stability of the financial market.
How to avoid being infringed by illegal lending? First of all, loans should try to choose formal financial institutions, such as banks and credit cooperatives. Secondly, we should carefully read the terms of the contract, carefully understand the interest rate, repayment method and liability for breach of contract related to the loan, and avoid being misled by false propaganda. In addition, if you find yourself being infringed by illegal loans, you should call the police in time and complain to the relevant departments to safeguard your legitimate rights and interests.
The crime of illegal lending refers to the act of defrauding loans and engaging in lending activities by illegal means such as high interest rate and compulsory apportionment without obtaining a financial license. For this kind of behavior, we should take different degrees of punishment measures, strengthen supervision, and protect the security and stability of the financial market. In order to avoid being infringed by illegal lending, we should choose formal financial institutions to make loans and pay attention to reading the terms of the contract.
Legal basis:
Article 186 of the Criminal Law of People's Republic of China (PRC), any employee of a bank or other financial institution who issues loans in violation of state regulations, and the amount is huge or causes 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; 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 shall be determined according to People's Republic of China (PRC) Commercial Bank Law and relevant financial laws and regulations.