Illegal usurious
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.
Usurious definition
13 September 2018
Sweeping black in dividing evil special accuse and denounce at a meeting, illegal usurious what pain to involve after all?
Gangdom property organizes a blame
Organization, leader, attend gangdom property to organize a blame, it is to show organization, leader perhaps attends with violent, minatory other perhaps measure, organically undertakes illegal guilty activity, seek hegemony one party, commit primes, bully and oppress, cruelly kill masses, the behavior that the gangdom property that plays havoc with order of life of economy, society organizes.
Be in 3 years of above 10 years to organization, leader the following set term of imprisonment, be in charge of to the criminality of all members, cause other casualties to make other crime, count a blame and punish highest can handle death sentence; Other attend, be in 3 years of the following set term of imprisonments.
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.
Usurious press for payment of debts of all kinds blame
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, usurious press for payment of debts variously with pattern necessarily behavior is united in wedlock cheek by jowl, cause of all kinds crime. For instance leasehold when the setting is invisible different meanings clause, setting contract trap conceals interest of high specified number, after the event is outside limits of reasonable creditor's rights, get the benefit of illegal part through the method such as violent, minatory, deceit, be suspected of blackmail possibly still, rob, the blame such as staking, bilk.
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. Illegal income number is larger, be in 3 years of the following set term of imprisonments, amount is huge, highest can be in 7 years of set term of imprisonments, all punish gold. Illegal earning 100 thousand yuan of above, or two years internal cause usury turns borrow had sufferred administration to punish above 2 times, usury turns those who borrow accord with standard of put on record.
At present usurious be current, and in real life rare pursue usurious trade with own reserves, a lot of usurious main fund source are bank loan, because this usury turns,the existence that shifts action has certain catholicity, it is it often is wrapping around only lawful and leasehold appearance, use at extending stealthily usurious, be discovered not easily, this kind of behavior destroyed financial order severely, have very big harm sex, it is the criminality of one hundred percent. Usury turns shifting a blame is the most immediate blow the accusation of illegal usurious conduct, this blame should increase in judicatory practice investigate strength.
Diddle loan blame
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. The clue is in 3 years of the following set term of imprisonments badly, the clue is particularly serious highest can be in 7 years of set term of imprisonments, all punish gold. Create a bank amount of immediate pecuniary loss is in 200 thousand yuan of above, or cheat for many times those who borrow accord with standard of put on record.
Although may not is used at extending,diddle borrows money usurious, but in reality usurious through diddle bank loan extends usurious situation is very general also, turn with usury those who borrow a blame to differ is, borrow money not only name is a holiday, the loan data that submits even is false, do not accord with loan requirement actually. In addition, the most important is to give a bank to cause significant loss to just make this crime, this blame often is put in the circumstance with collude of bank clerk inside and outside, accordingly, often with bribery blame, break the law extend embroil of loan blame photograph.
Admit public deposit guilt illegally
Admit public deposit guilt illegally, it is to 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. Light person be in 3 years of the following set term of imprisonments, amount is huge perhaps have other and serious plot, highest can be in 10 years of set term of imprisonments, all punish gold. The individual is absorbed 200 thousand, the unit is absorbed 1 million accord with standard of put on record.
Absorb public deposit illegally to belong to collect money illegally, it is usurious practitioner another main financing source, also be the criminality of one hundred percent, lawfully severe blow is OK nip off is illegal usurious financing source, purify civilian leasehold market.
Collect 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. Number is larger, be in 5 years of the following set term of imprisonments; Amount is huge perhaps have other and serious plot, highest can be in 10 years of set term of imprisonments, amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, all punish gold. The individual collects money bilk 100 thousand yuan, the unit collects money bilk accords with standard of put on record 500 thousand yuan.
With absorb the public deposit is congeneric and illegal fund raising fund raising a kind bilk also is usurious financing source, 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, return because of putting usurious principal to not have sometimes cannot return return and abscond, because of usurious often also contact together with illegal crime, when often collecting money, promise pay freeboard forehead get one's own back, these are accorded with collect money the guilty feature of crime of fraud.
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. Light person be in 3 years of the following set term of imprisonments; The clue is serious, highest can be in 10 years of set term of imprisonments, all punish gold.
The some in reality is usurious to extend business to try normalization is managed, this may be suspected of little imagine do sth without authorization creates financial orgnaization hardship, unlike absorb the public deposit blame and manage a hardship illegally what be engaged in capital paying settle accounts professional work, this blame financial scope of business form of wider, origanization construction is more standard, and ask without guilty amount. 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.
Manage 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. This blame is light person be in 5 years of the following set term of imprisonments, highest can be in 15 years of set term of imprisonments, all punish gold. Be engaged in capital paying settle accounts professional work, amount achieves 2 million above to accord with standard of put on record.
Usurious whether to form manage a blame illegally to be put in difference all the time in practice. To usurious behavior, should see its serious harm, a few illegal usurious for obtain interest the biggest change, or play paronomasia, set accrual trap, or the danger that takes the advantage of a person, accrual agreement is shown break fairness, the sell oneself or a member of one's family of peremptory old society engraves, as gamble same, cannot make meaning autonomy, bond free make its lawful excuse.
Two two tall
Shift the directive opinion that demand repayment about be being put illegally
1, in civilian leasehold activity, if do sth without authorization establishs finance to absorb the public orgnaization, illegally loan of deposit, diddle, set take financial orgnaization capital to extend usurious and carry out for strong demand debt imprison intended homicide, intended harm, illegally, destroy the behavior such as property intentionally, ought to investigate according to specific crime, sue, adjudgement. Accord with several blames lawfully and punish a condition, ought to punish.
2, to be a purpose with detinue, folk of make use of's leasehold name, through " empty increases debt " " sign false loan agreement " " production capital takes Zhang running water " " wanton cognizance break a contact " " turn Chan Ping Zhang " " false suit " wait for belongings of method detinue other, perhaps use violent, minatory method to establish creditor's rights by force, demand payment of a debt forcibly, ought to according to the case specific fact, with bilk, force to trade, blackmail, rob, the accusation such as false suit is investigated, sue, adjudgement. The empty beyond borrow or lend money of real to the injured party of detinue income is tall " debt " and with " bail " intermediary is expended " " the service is expended " wait for all sorts of items to deduct or the premium of collection, all answer plan into illegal earning. To earning of the injured party is on name, but on record evidence can prove to be person of guilty suspect, the accused to carry out follow-up crime place to use however actually " loan " , should give confiscate.
3, demand repayment to using company, " underground executes the law team " wait for multiform organically to have afore-mentioned activities, accord with group of gangdom property organization, crime to maintain a level, ought to according to organization, leader, attend gangdom property to organize a blame to perhaps commit a crime the group is investigated, sue, adjudgement.