Judicial interpretation that illegal lending constitutes the crime of illegal business operation: 1. In violation of state regulations, without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, regularly granting loans to unspecified social objects, disrupting the order of the financial market, and if the circumstances are serious, they shall be convicted and punished for the crime of illegal business operation. 2. Illegal lending with an actual annual interest rate of more than 36% belongs to "serious circumstances" under any of the following circumstances, but if the actual annual interest rate of a single illegal lending behavior does not exceed 36%, it will not be counted at the time of conviction and sentencing: (1) The amount of illegal lending by individuals is more than 2 million yuan, and the amount of illegal lending by units is more than100000 yuan; (two) the amount of illegal income of individuals is more than 800 thousand yuan, and the amount of illegal income of units is more than 4 million yuan; (3) The number of illegal lending objects of individuals is above 50, and the number of illegal lending objects of units is above 150; (4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.

Legal objectivity:

Article 225 of the Criminal Law Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.