1, the object of this crime is the national financial management system, specifically the national loan management system. Loan is an important financial business of commercial banks and other financial institutions in China, which provides an important financial guarantee for the development of the national economy. In order to standardize the loan behavior, improve the quality of loans, ensure the safety and effectiveness of loans, and speed up the turnover of credit funds, China has formulated and promulgated a series of financial laws and regulations, such as the Law on Commercial Banks, the General Principles of Loans, and the Interim Measures for the Management of Credit Funds, which stipulate the loan problem. For example, commercial banks and other financial institutions, as lenders, should issue loans under the guidance of national industrial policies according to the needs of national economic and social development; Lenders should strictly examine the repayment ability of borrowers, generally require borrowers to provide guarantees, and strictly examine the reliability of guarantees, and so on. If the lender neglects his duty or abuses his power in the process of granting loans, if he does not seriously investigate the borrower's repayment ability or credit status, he is judged unqualified without authorization, or grants loans without approval, his behavior will not only destroy the national loan management system, but also cause the loss of national loans and affect the stability of the national financial order. The object of this crime is the loan, that is, the monetary fund provided by the lender to the borrower and repaid the principal and interest at the agreed interest rate and time limit. Loans can be in RMB or foreign currency. If it is not a loan, it cannot constitute this crime. 2. Objective Elements This crime is objectively manifested in violation of laws and administrative regulations, dereliction of duty or abuse of power, granting loans to others other than related parties, causing heavy losses. 1) It is the premise and foundation of the objective aspect of this crime to issue loans to people other than related parties. If there is no act of lending money to people other than related parties, even if there are other dereliction of duty, such as leaving your job without authorization and abusing your power, such as reimbursing illegal expenses. , does not constitute this crime, which constitutes a crime, shall be punished with other crimes. The so-called related party, for different banks or other financial institutions, its extension will be different and needs to be clearly defined by relevant laws and regulations. As far as commercial banks are concerned, it refers to the directors, supervisors, managers, credit business personnel and their close relatives of commercial banks, as well as companies, enterprises and other economic organizations in which the above-mentioned personnel invest or hold senior management positions. The object of the loan behavior of this crime refers to other people except the above-mentioned related parties. If it is a credit loan or secured loan that is superior to other similar loans, it should not constitute this crime. If punishment is required according to law, it shall be treated as the crime of illegally issuing loans to related parties. 2) Violating relevant laws and administrative regulations. The so-called violation of laws and regulations refers to the violation of all laws or administrative regulations related to credit management, such as the Commercial Bank Law, the Guarantee Law, the General Principles of Loans, the Measures for the Administration of Loan Certificates, the Measures for the Administration of Credit Funds, and the Contract Law. If the borrower meets the loan conditions according to law, it should be examined but not examined; In accordance with the law, the borrower's credit rating and the safety, legality and profitability of the loan should be investigated and evaluated without investigation and evaluation; According to law, a loan contract should be signed with the borrower instead of a contract; Although the borrower meets the requirements, it has made a qualified decision without serious, detailed, comprehensive and in-depth examination. Knowing that the borrower does not meet the requirements, but in order to grant him a loan, he lied about the plot or concealed the truth to the leader who approved the loan; Knowing that the borrower does not meet the requirements, but because of personnel relations or accepting bribes and certain interests from the borrower, he uses his authority to grant loans to him without authorization; Violation of the provisions of the upper and lower limits of the loan interest rate of the People's Bank of China, arbitrarily raising the loan interest rate and relaxing other conditions to issue loans; Signing a loan contract, using the authority to instruct or personally fail to specify the repayment period, repayment method, liability for breach of contract and other important terms; Approving loans without authorization; Wait a minute. 3) Illegally issuing loans to people other than related parties must cause heavy losses to constitute this crime, which is an important limit on the number of this crime. If there is no actual loss, or if there is a loss, but it is not a major loss, even if there is illegal borrowing from people other than related parties, it is impossible to constitute this crime. For heavy losses, the current law does not stipulate the amount of the starting point, which needs to be specifically explained by the Supreme People's Court and the Supreme People's Procuratorate according to the judicial practice experience and actual situation of such cases. 3. Main Elements The main body of this crime is a special one, which can only be composed of Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business established in China and their staff. No other units, including foreign-funded financial institutions (including foreign capital, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.). ) and individuals can be the subject of this crime. 4. Subjective elements This crime is subjectively manifested as negligence, that is, the possible heavy losses caused by the actor's illegal loan issuance are due to negligence, which generally belongs to the negligence of overconfidence. As for the behavior of the actor's loan itself is intentional, especially for abuse of power, but this crime belongs to consequential crime, and the intentional behavior of the actor does not affect his negligence in the result, so this crime still belongs to negligent crime. To sum up, the illegal issuance of loans has damaged the country's financial policy and caused losses to state property. Illegal loans will be punished according to different situations, which constitutes a criminal act of lending loans to lenders in violation of regulations, but it will not constitute a crime to issue loans in violation of regulations due to negligence.

Legal objectivity:

Article 186 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a bank or other financial institution who issues loans in violation of state regulations and the amount is huge 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 especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan. Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph. If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.