Professional lender: refers to an individual who engages in high-interest lending, also known as usury, or an individual who has strong financial strength but engages in private lending to individuals or enterprises in the name of an investment guarantee company. Professional lenders should exclude loans between natural persons. The lending behavior of professional lenders is prohibited by law. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

Second, the professional lender filing standards

The filing standards of professional lenders are:

1. Based on three years, the same plaintiff involved more than 20 private loans in the civil lawsuit filed by the court;

2. The same plaintiff filed a civil lawsuit with the people's court in the same year 10;

3. In the same year, more than 5 cases were concluded in the Intermediate People's Court 1 10,000 yuan.

Three. The constitutive elements of the crime of illegally issuing loans are as follows:

1, the object of infringement is the national financial management system, specifically the national loan management system;

2. The objective requirements are objectively manifested as violating the provisions of laws and administrative regulations, neglecting their duties or abusing their powers, and lending to others other than related parties, resulting in heavy losses;

3, subjective elements, 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;

4. Subject elements: The subject is a special subject, which can only be established by 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 in China.

Four, the crime of illegal loans sentencing standards are as follows:

1. Employees of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or cause 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;

2. If the amount of illegally issued loans is especially huge or causes particularly heavy losses, it may be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

To sum up, the time limit for professional lenders to file a case is three years, and the same plaintiff involved more than 20 private loans in the civil lawsuit filed by the court; The object of the crime of illegally issuing loans is the national financial management system, specifically the national loan management system. Objectively, it is an act of violating the provisions of laws and administrative regulations, neglecting duties or abusing powers, and issuing loans to others other than related parties, causing heavy losses; Employees of banks or other financial institutions who issue 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.

Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.