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What is illegal lending?

A simple definition of the crime of illegally granting loans means that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, neglect their duties or abuse their powers, and issue loans to others other than related parties, causing serious consequences. Loss behavior. The so-called violation of laws and regulations refers to the violation of the "Commercial Banking Law", "Civil Code", "General Principles of Loans", "Loan Certificate Management Measures", "Credit Fund Management Measures" and other laws or administrative regulations related to credit management. regulations. For example, whether the borrower meets the conditions for the relevant loan should be examined but not reviewed in accordance with the law; the credit rating of the borrower and the safety, legality and profitability of the loan should be investigated and evaluated but not investigated and evaluated in accordance with the law; the borrower should be contacted in accordance with the law Signing a loan contract without signing a contract; although the borrower's eligibility was reviewed, the review was careless and careless, and a qualified decision was made without a serious, detailed, comprehensive, and in-depth review; knowingly knowing that the borrower did not Meet the conditions, but in order to grant a loan to the borrower, lie about the circumstances or conceal the truth to the leader who approved the loan; knowingly know that the borrower does not meet the conditions, but because of personal relationships or accepting bribes or certain benefits from the borrower, use one's authority to do so without authorization Grant loans to them; violate the upper and lower limits of loan interest rates of the People's Bank of China, raise loan interest rates without authorization and relax other conditions to grant loans; sign loan contracts, use their authority to instruct or personally negotiate some important terms such as repayment period, repayment method, Failure to clarify liability for breach of contract; exceeding one's authority and approving loans without authorization, etc.

Legal basis:

Article 186 of the Criminal Law of the People's Republic of China It stipulates that anyone who issues a loan in a huge amount 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 particularly huge or causes particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years, In addition, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed. Any staff member of a bank or other financial institution who violates state regulations and extends loans to related parties shall be severely punished in accordance with the provisions of the preceding paragraph.