The law does not protect the interests of the higher part. In other words, personal usury is neither a criminal act nor a legal private lending. Usury is illegal.
Although there is no charge of usury in the criminal law, only the crime of illegally absorbing public deposits is stipulated, those who violate the criminal law in the process of usury should be investigated for criminal responsibility according to law.
According to the Criminal Code of People's Republic of China (PRC):
Article 176 Crime of illegally absorbing public deposits
Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
Extended data:
According to the Law on Commercial Banks:
Article 79 In the first paragraph, if a commercial bank is established without the approval of the People's Bank of China, or illegally absorbs public deposits or absorbs public deposits in disguised form, criminal responsibility shall be investigated according to law; And banned by the People's Bank of China.
According to the Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities:
Article 2 Illegal financial institutions and illegal financial business activities are prohibited.
Article 4 The term "illegal financial business activities" as mentioned in these Measures refers to the following activities without the approval of the People's Bank of China:
(1) illegally absorbing public deposits or absorbing public deposits in disguised form;
(2) illegally raising funds from unspecified objects in any name without legal approval;
The illegal absorption of public deposits mentioned in the preceding paragraph refers to the activities of absorbing funds from unspecified social objects without the approval of the People's Bank of China, issuing certificates and promising to repay the principal and interest within a certain period of time; The term "absorbing public deposits in disguised form" as mentioned in these Measures refers to the activities of absorbing funds from unspecified social objects without the approval of the People's Bank of China, but with the same nature as absorbing public deposits.
Twenty-second illegal establishment of financial institutions or illegal financial business activities, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the People's Bank of China shall confiscate the illegal income and impose a fine of more than/kloc-0 and less than 5 times the illegal income; If there is no illegal income, a fine of 654.38+10,000 yuan and 500,000 yuan shall be imposed.
According to the Criminal Code of People's Republic of China (PRC):
Article 175 Crime of lending at high interest
Whoever borrows credit funds from financial institutions for the purpose of lending and lends them to others at a high interest rate, and the amount of illegal income 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 the illegal income.
If the amount is huge, he 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. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 175-1 Crime of defrauding loans, bill acceptance or financial bills.
Where loans, bill acceptance, letters of credit, guarantees, etc. are obtained. Whoever swindles the funds of a bank or other financial institution, causing heavy losses to the bank or other financial institution or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. ?
If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law