The Criminal Law System Of Usury

Nowadays, you can find various cases about enterprise or person as illegal private bank to extend loans. Usury is an way of charging on loans which derived from folk debits and credit sides. It breaks away from financial organization’s loan transaction category, and turned out to be the most natural form of high profit among natural people, legal person, and other organization. To the question, special law and regulation should be made into solving the phenomenon.The most urgent thing to solve problem on Criminal Law has been our priority. Our academy circles have specialized in before forming into a persuasive theory, especially like how to define it,and how to make use of law for crime definition etc.,all in all,is waiting for further efforts. Usury we are discussing now is the behavior happened under this context. We can offer a much more direct angle through case and analysis for better solving financial derivative regulation problem. This article cited " LI QI CHENG usuriousness case ","RUI XIANG-KATE International case.","YING criminal gang’s case of practicing usury" as example. And elaborate on its nature and got a conclusion about this behavior and defined argument focuses, that is if usury will be committed as a crime, or how to define it, and the standard of putting on record. On the topic of Usury should be convicted a crime or not. This behavior possesses nature of violation of criminal law and culpability which made them to be included into criminal law category,According to the functional analysis of criminal law,Usury should be also classified into the criminal law system;Usury is similar to the operation model on convicting a crime. We compare The crime of illegal business operations with Usury, we can sorted out in to the crime of illegal business operations category by legislation even without specified regulation. On the legislation of usury,based on the situation,this phenomenon has been defined as profit-oriented and people-focused, and most of time granting of loans higher than bank’s same rate four times. we compared the Chinese income level, and consumption level, and made the condition of filing the case to be250,000RMB.