The Determination Of The Crime Of Extortion In Illegal Debt Collection

Since the reform and opening up,with the rapid economic development and social progress,social conflicts and conflicts have continued to increase.Property crime is one of the most common types of crimes.There have been some cases in the middle zone between the exercise of rights and criminal acts.In intersecting criminal cases,how to evaluate the behavior of the parties in the case of illegally realizing creditor’s rights,there have been some disputes in judicial practice,and different conclusions can be drawn when evaluating it as the crime of exercising rights or extortion.my country’s criminal law defines the crime of extortion as a crime of infringing on property,and convictions and penalizes the amount of property or the number of extortion,which makes a large number of illegal debt collection behaviors in judicial practice omissions in the accurate determination.Based on these issues,in addition to the conclusion,the thesis is divided into five parts.The first part is the introduction,which mainly discusses the background and significance of the topic,the research status,and the research methods.The second part discusses and clarifies the scope of the meaning of illegal debt collection,summarizes the cases in judicial practice,and draws the judicial status quo of illegal debt collection.In the third part,the author combines theoretical knowledge,from the content of the claim,including the types of creditor’s rights and debts,and the objects of behavior,and closely integrates the purpose of illegal possession,so as to clarify the crime and wrong of the exercise of the right to illegal debt collection.The boundaries of crimes,and analyze the types of crimes and non-crimes of illegal debt collection activities in the China Judgment Document Network,in order to provide a direct reference for judicial practice in a categorized and generalized way.The fourth part analyzes the crimes that the perpetrator may commit due to the different means and behaviors,threats of violence or other methods and other methods of coercive force in the process of debt collection,and further clarifies the distinction between the crime of extortion and other crimes,making extortion and extortion.The crime is more accurate in identifying this crime and the other crime.The fifth part summarizes the identification path of the crime of extortion and the consideration factors that affect the conviction through combing and thinking of the full text.It should include the type,nature,amount of debt,the object of the claim,the means and behavior,the purpose of illegal possession,etc.factor.The full text always focuses on the topic of illegal debt collection,starting from the confusion faced by judicial officers in handling cases,analyzing and judging the problem of illegal debt collection through the judgments of China Judgment Document Network,closely combining the characteristics of the crime of extortion,and trying to solve the problem in illegal debt collection.The determination of the crime of blackmail and extortion aims to solve the problem of the crime and non-crime of the exercise of creditor’s rights,and the boundary between this crime and that crime.The author hopes to analyze some controversial issues in illegal debt collection through theoretical and practical research,hoping to find that it can provide ideas for judicial practice,which is not only of great significance for the harmony and unity of legal order,but also can promote economic and social order Stability and development.