The identification criteria for illegal lending are mainly based on relevant laws and regulations, involving many aspects such as whether the loan behavior is legal, whether the interest rate is compliant, and whether there is fraud or coercion.

1. Legality of Loan Behavior

The primary criterion for illegal lending is whether the loan behavior is legal. This includes whether the loan entity has the corresponding financial license and whether it has obtained the qualifications to engage in loan business through legal procedures. Loans that fail to obtain relevant financial licenses or fail to complete relevant procedures in accordance with prescribed procedures may be regarded as illegal lending.

2. Interest rate compliance

Interest rate is another important criterion in the identification of illegal lending. According to relevant laws and regulations, loan interest rates should comply with national regulations and must not exceed the legal upper limit. Loan interest rates that exceed the legal limit will be considered usury and illegal lending.

3. Whether there is fraud or coercion

When determining illegal lending, it is also necessary to consider whether there is fraud or coercion and other illegal activities during the loan process. Fraudulent behavior may include concealing facts, fabricating loan conditions, fraudulently obtaining loans, etc.; coercive behavior may involve using violence, threats or other means to force borrowers to accept unreasonable loan conditions. These behaviors all fall into the category of illegal lending.

4. Loan purpose and repayment method

In addition, the determination of illegal lending also requires attention to the loan purpose and repayment method. The purpose of the loan should be legal and compliant and should not be used for illegal activities or high-risk investments. The repayment method should be fair and reasonable, excessive liquidated damages or penalty interest should not be set, and illegal means should not be used to collect debts.

To sum up:

The identification criteria for illegal lending include the legality of the loan behavior, the compliance of the interest rate, whether there is fraud or coercion, and the purpose and repayment method of the loan. legality. When determining illegal lending, the above factors should be comprehensively considered and judged and handled in accordance with relevant laws and regulations.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 175 provides:

Anyone who obtains credit funds from financial institutions for the purpose of making profits and re-lends them to others at high interest rates, and the amount of illegal gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times of the illegal income; if the amount is huge, The offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.

"Banking Supervision Law of the People's Republic of China and the People's Republic of China"

Article 46 stipulates:

Banking financial institutions have the following circumstances: 1. The banking regulatory agency of the State Council shall order corrections and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan; if the circumstances are particularly serious or if corrections are made within the time limit, the banking regulatory authority may order the company to suspend business for rectification or revoke its business license; if it constitutes a crime, Pursuing criminal liability in accordance with the law:

(1) Appointing directors and senior managers without qualification review;

(2) Refusing or obstructing off-site supervision or on-site inspection;

(3) Providing statements, reports and other documents and materials that are false or concealing important facts;

(4) Failure to disclose information in accordance with regulations;

(5) Serious violation of prudent business rules;

(6) Refusal to implement the measures stipulated in Article 37 of this Law.

Please note that the specific determination of illegal lending requires a comprehensive judgment based on the actual situation and relevant laws and regulations. In actual operation, it is recommended to consult professional lawyers or relevant regulatory authorities to obtain accurate information.