1. How to determine the crime of usury on loan 1. Object requirements. The direct object violated by this crime is the state's issuance of credit funds and interest rate management order. 2. Objective requirements. Objectively speaking, this crime is manifested as the act of defrauding financial institutions' credit funds and lending them to others at high interest rates for the purpose of making profits. In other words, after the borrower obtains credit funds from a financial institution in accordance with normal procedures and the law, the borrower re-lends the loan to others with high interest for the purpose of making profits. This crime is a consequential crime. It only constitutes a crime when the amount of illegal gains obtained from the re-lending behavior is relatively large. As for what constitutes a relatively large amount, it remains to be explained by the competent authorities. 3. Main elements. The subject of this crime is a special subject, that is, the borrower, that is, an enterprise (public institution) legal person, other economic organization, individual industrial and commercial household or a person with the nationality of the People's Republic of China who has been approved and registered by the industrial and commercial administration authority or the competent authority. A natural person with full capacity for civil conduct. 4. Subjective elements. This crime can only be subjectively constituted intentionally, and the purpose is to make a profit by refinancing. Negligence does not constitute this crime. 2. What are the criteria for identifying the crime of usury on-loan? Matters that should be paid attention to in determining the crime of usury on-loan are: 1. The subject of this crime is a special subject, that is, an individual or unit that has credit qualifications and has obtained credit funds. This is very important in determining this crime. For how to determine the "borrower" in the sense of this crime, please refer to the "General Rules for Loans" issued by the People's Bank of China on June 28, 1996. 2. The subjective aspect of this crime is intentionality, and the purpose is to make profit by refinancing. 3. The direct object of this crime is the management order of credit funds by the national financial management department and financial institutions and the credit funds of financial institutions. 4. The external characteristics of this crime are: after the borrower obtains credit funds from a financial institution in accordance with normal procedures, he re-lends the loan to others at high interest rates. 5. This crime only constitutes a crime if there is illegal profit and the amount is relatively large. Specific standards are to be determined. When it comes to the standards for identifying the crime of loan sharking at high interest rates, we should actually start with the analysis of its constituent elements. It should be noted that according to my country's relevant financial market management regulations, no unit is allowed to issue loans above the loan interest rate range specified by the central bank. Otherwise, it will also be a high-interest on-loan behavior that violates my country's credit fund interest rate management order. According to regulations, the person who can commit this crime is actually a special subject, that is, it can only be the borrower.