The criteria for determining the crime of illegally issuing loans are: the subject is the staff or units of banks or other financial institutions; Subjectively, it is the mentality of intentional crime, but it is the mentality of negligence for the heavy losses caused; The object is the national financial credit management system; Objectively speaking, the actor has violated state regulations, neglected his duty or abused his power, and issued loans to others other than related parties, causing heavy losses.

legal ground

Article 186 of the criminal law

Staff 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; 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.