Usury is a private lending relationship, and its interest exceeding four times that of the bank is not protected by law, but it does not violate the criminal law; If the lender violates the law in the process of collecting accounts, it should be punished accordingly.
As long as the loan does not exceed the normal interest rate, the legal loan relationship is protected by law. Interest on usury shall not exceed 36% every year. Beyond this limit, the excess interest will not be protected.
But note that the excess will only be unprotected by law. If the borrower is willing to pay high interest, it is not illegal. Therefore, usury is not illegal. Once there is a dispute, there is just no legal protection.
In usury activities, if high-interest lending reaches a certain amount, it constitutes the crime of illegally absorbing public deposits; For the purpose of lending, taking credit funds from financial institutions and lending them to others at a high interest rate, the illegal amount is large, which constitutes the crime of lending at a high interest rate; For the purpose of illegal possession, illegal fund-raising by fraudulent means, with a large amount, constitutes the crime of fund-raising fraud;
Usury can easily lead to criminal offences such as illegal detention, kidnapping, injury and fraud; Private intermediaries and individuals with legitimate income from their own funds lend at high interest rates, which belongs to private lending behavior. The occurrence of loan disputes belongs to the category of civil adjustment [.
Extended data
Related case: Shandong usury
With the myth of 20 1 10 Changhe Breeding Company shattered, Zouping's usury pyramid collapsed instantly, and the villagers' dream of getting rich was shattered overnight. Zouping county, Sun Zhen and Weiqiao Town have become the hardest hit areas for private lending due to their developed economies. Almost every shop on the street where the town government is located lends money. According to folk estimates, private lending in this county involves hundreds of billions of yuan.
20 1 1 year, four villagers, including Zhu Bao and Zhu Meng, lent usury to others for more than 4 million yuan, of which Zhu Bao brothers accounted for a large share, and the borrowers used their houses as collateral. Around the Spring Festival on 20 12, the borrower ran away, and Zhu Meng and another person lived in the borrower's house.
On the evening of April 26th, 20 1 1, two other lenders tried to sell the mortgaged house, but they were rejected by Zhu Bao and Zhu Meng, and they had an argument. Zhu Bao worried about Zhu Meng, and planned to go to Zhu Meng's residence to accompany him on the evening of 27th.
At about 0: 30 on the 28th, Zhu Bao's family received a distress call from Zhu Bao. In the end, the car driven by the Zhujiajian Island brothers was "rear-ended" by three other cars, and hit a truck at a speed of180km/h, and they died on the spot.
They are brothers of the same family, born in 1989, their hometown is in Zhou Jiacun, and they both live in zouping county with their parents. At this time, Zhu Bao's daughter had just turned 2 months, and Zhu Meng had just been married for 20 days.
Now, after the collapse of Zouping's usury system, they have closed the car rental company, because the rented car can't be recovered, and there are too many creditors and debtors on the street. When you see each other's things, you take them away, and the person who is robbed of renting a car is often the debtor, unable to repay the vehicle at all.
Baidu Encyclopedia —— Some Opinions on the People's Court's Trial of Lending Cases
Baidu encyclopedia-usury