Is it illegal for civil servants to lend money to enterprises?

Lend money to others, depending on your own will and ability. Some people encounter economic problems in their lives, so it is natural to borrow money from friends and classmates. Some civil servants will lend money to enterprises to help enterprises run by friends tide over the difficulties. So, is it illegal for civil servants to lend money to enterprises? Let me introduce the relevant knowledge in detail for you.

Is it illegal for civil servants to lend money to enterprises?

His own money is not illegal. However, if the money borrowed by civil servants is not their own, but belongs to the unit, then it is illegal to lend the unit's money to the enterprise without authorization.

Article 384 Crime of misappropriating public funds State functionaries who, taking advantage of their positions, misappropriate public funds for personal use for illegal activities, or misappropriate a large amount of public funds for profit-making activities, or misappropriate a large amount of public funds and fail to pay it back for more than three months, are guilty of embezzlement and are sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

(1) Is it illegal for civil servants to borrow money?

If a civil servant refuses to pay back the money, it is not a violation of discipline, but an ordinary civil act. If the borrower fails to repay the loan within the time limit, the lender may bring a civil lawsuit to the people's court to safeguard rights according to law. After accepting the case, the people's court will hold a hearing to find out the facts of the case, review the evidence and make a judgment according to law; And the judgment will specify the judgment result and the reasons for making the judgment.

Legal basis:

code of civil law

Article 152 A written judgment shall specify the judgment result and the reasons for making the judgment. The contents of the judgment include:

(a) the cause of action, the claim, the facts and reasons of the dispute;

(two) the facts and reasons identified in the judgment, the applicable laws and reasons;

(three) the verdict and the burden of litigation costs;

(4) the appeal period and the court of appeal.

The written judgment shall be signed by the judges and court clerks, and stamped with the seal of the people's court.

(2) Is it illegal for civil servants to guarantee loans for private enterprises?

China's current laws and regulations do not stipulate that civil servants may not provide guarantees for others. According to the principle of freedom and no prohibition, it is legal for civil servants to guarantee loans for private enterprises.

If the private enterprise really goes bankrupt, it will be liquidated by the court. After the court declares bankruptcy, the remaining outstanding debts will be eliminated.

(three) whether it constitutes a crime for a civil servant to borrow money from an enterprise by taking advantage of his position and not returning it immediately.

Article 37 of the Criminal Law stipulates that if the circumstances of the crime are minor and there is no need to impose a penalty, criminal punishment may be exempted. Exemption from criminal punishment is a non-penalty punishment method, which aims to implement the policy of combining leniency with severity in criminal legislation and criminal justice, crack down on and isolate the very few, educate, reform and save the majority according to the specific circumstances of crimes. That is, it is confirmed that an act has constituted a crime, but no penalty has been imposed.

In the past, civil servants who were exempted from criminal punishment were generally dismissed or expelled. For example, 1988, the State Council's Interim Provisions on Administrative Punishment of Corruption and Bribery of State Administrative Organs stipulates that the staff of state administrative organs who are exempted from criminal punishment for committing corruption, embezzlement of public funds and bribery shall be dismissed or expelled; 1998, the Supreme People's Court's Measures for Judicial Punishment of People's Courts (Trial) stipulates that judges who are exempted from criminal punishment for crimes shall be dismissed or expelled.

At present, the above provisions have been replaced by the Regulations on the Punishment of Civil Servants of Administrative Organs and the Regulations on the Punishment of Staff of People's Courts. These two laws and regulations have not clearly defined the grades of political disciplinary punishment after civil servants are exempted from criminal punishment. At the same time, the relevant statements in the Notice on Issues Concerning Compulsory Measures and Administrative Criminal Punishment of Civil Servants' Wages are not rigorous and thorough enough.

What needs to be clear is that under the background of strengthening the construction of party style and clean government and the anti-corruption struggle, the principle of strictness is further reflected in the policy orientation, so civil servants should be dismissed or expelled after being exempted from criminal punishment.

In the specific application, we should grasp the following three points: first, it is clear that punishment must be given, and exemption from criminal punishment means that it has constituted a crime and serious violation of discipline, and generally it should be dismissed or expelled. The second is to clarify the lenient rules for the plot. The lenient circumstances such as surrender and meritorious service have been fully considered in criminal trials and should not be considered repeatedly in the process of investigating political responsibility. Thirdly, it is clear that if a civil servant is dismissed because of criminal punishment, it is generally not appropriate to change the original punishment decision just because he is exempted from criminal punishment.

Is it illegal for civil servants to lend money to enterprises? However, if the money borrowed by civil servants is not their own, but belongs to the unit, then it is illegal to lend the unit's money to the enterprise without authorization. You don't know the legality or relevant legal requirements of civil servants lending money to enterprises. You should find a lawyer to guide you, which is good for you.