On January 16, 2018, procuratorate of top people court, top people, the Ministry of Public Security, judiciary combines print and distribute " commit a crime about dealing with black vicious power case the directive opinion of a certain number of problems " , put illegally to be being hit lawfully borrowed the guilty activity that demand repayment to do elaborate technically, label its penalize with blow crime of black vicious power, " village bully " , clan vicious power, " umbrella " and " weak force " the position that waits for crime to stand side by side.
One, what is usurious?
Usurious, will tell even if point to the loan that demands accrual of particularly high specified number popularly. Top people court " about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " in the 26th regulation:
The interest rate that leasehold both sides agrees did not exceed annual interest to lead 24% , lender requests borrower to pay interest according to conventional interest rate, people court should grant to support. The interest rate that leasehold both sides agrees exceeds annual interest to lead 36% , the accrual agreement that exceeds a share is invalid. Borrower requests lender to return the interest that returns prepaid to exceed annual interest to lead 36% parts, people court should grant to support. That is to say annual interest leads those who exceed 36% to be belonged to usurious.
2, public security mechanism hits the focal point undermentioned behavior:
1. is used absorb the public illegally deposit, covert absorb the public to collect money illegally deposit capital sends those who put civilian loan;
2. with be being imprisoned intended harm, illegally, affront, threaten, minatory, annoy wait for illegal means to urge those who receive loan;
3. uses black vicious power to begin or assistance begins professional work;
4. is covered take fund of financial orgnaization credit, again usury undertakes turning borrowing;
5. is faced extend illegally in school student loan, extend without appoint utility loan, or it is a name in order to offer goods of service, sale, accrual of actual collection high specified number (charge) covert put borrow;
Staff member of orgnaization of 6. banking finance and officeholder are participated in as main member or control a person actually.
3, break the law put borrow a person 8 blames
1. gangdom property organizes a blame
Usurious crime does not need like that with organization, leader, attend gangdom property to organize a blame to be contacted together, but some is usurious what organize to ensured illegal profit to often have gangdom quality is idiosyncratic, once form relatively exact organization structure, through violent, threatening, mobbish wait for a method, organically commits a crime through breaking the law for many times activity, to be not masses of do evil, bully and oppress, undertake pressing for payment of debts, get illegal economy benefit, play havoc with order of life of economy, society, have certain economy actual strength, in order to support this organization activity, staff member of bribery bribe state provides illegal protection for its, can maintain organize for gangdom property.
2. is usurious press for payment of debts of all kinds blame
Because country of usurious tower above stipulates partial accrual does not suffer law to protect, accordingly, mix necessarily press for payment of debts close together union causes behaviour of all kinds crime. Like blackmail, rob, staking, bilk, force to trade, imprison intended harm, illegally, destroy money intentionally, destroy production to manage, invade the residence compulsively to wait for a blame.
3. usury turns shift a blame
Usury turns shift a blame, it is to point to borrow in order to turn seek profit for the purpose, set take fund of financial orgnaization credit again usury turns borrow other, the action with illegal income larger number. At present a lot of usurious main fund source are bank loan, this kind of behavior destroyed financial order severely, have very big harm sex, it is the criminality of one hundred percent.
Blame of 4. diddle loan
Diddle loan blame, it is to show with cheating a method to acquire a bank orgnaization of other perhaps finance borrows money, to the bank orgnaization of other perhaps finance causes significant loss to perhaps have the action of other and serious clue. Turn with usury those who borrow a blame to differ is, loan name and referred loan data are false. In addition, this blame often is put in the circumstance with collude of bank clerk inside and outside, accordingly, normally with bribery blame, break the law extend embroil of loan blame photograph.
5. admits public deposit guilt illegally
Admit public deposit guilt illegally, it is usurious practitioner another main financing source, point to disobey a country to financial administration laws and regulations absorbs the public illegally to deposit money or covert draw public deposit, the behavior of disturbed finance order. The individual is absorbed 200 thousand, the unit is absorbed 1 million accord with standard of put on record.
6. collects money crime of fraud
Collect money crime of fraud, it is to point to it is a purpose with detinue, violate the regulation of concerned banking law, code, use bilk method undertakes fund raising illegally, disturbed country is normal financial order, encroach state-private property ownership, and the action with larger number. The individual collects money bilk 100 thousand yuan, the unit collects money bilk accords with standard of put on record 500 thousand yuan. With what absorb public deposit behavior to differ be, those who commit this crime is usurious actual use is hidden when collect money, will not collect money the paragraph is used by conventional utility, however do sth without authorization prodigal, abuse or abscond.
7. do sth without authorization creates financial orgnaization hardship
Do sth without authorization creates financial orgnaization hardship, it is to show without Chinese people the bank is approved, do sth without authorization creates company of broker of exchange of commercial bank, stock exchange, futures, stockjobber, futures, insurance company the behavior of orgnaization of other perhaps finance. According to " suppress idea " the 3rd regulation, if the orgnaization is approved without Chinese people bank, do sth without authorization is established be engaged in or basically be engaged in drawing deposit, extend short-term loan of discount of loan, conduction settle accounts, bill, financing, fiducial investment, finance is rented, financing assures, the financial business such as foreign currency buying and selling activity, can be maintained to be illegal finance orgnaization.
8. manages a hardship illegally
Manage a hardship illegally, it is to show without the country concerned director branch approves what manage negotiable securities, futures, insurance Wu illegally, be engaged in capital illegally perhaps paying settle accounts professional work; And undertake other and illegal management activity, the conduct with serious clue of disturbed market order. Amount achieves 2 million above to accord with standard of put on record.
If discover evil clew of black experience of this kind of experience,alternate ministry public security encourages numerous people, ask public security bureau of county of ministry of seasonable Xiang Die or county to sweep black do undertake informing against!
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