Research On The Behavior Patterns Of Collecting Illegal Debts Identification Standards

Due to the problems of "slow and difficult application" of bank loans,private lending can solve the capital needs of small and medium-sized enterprises and individuals to a certain extent,while bringing high interest and extra costs to debtors.In the face of high profits,private lending companies often solve the problem of debtors failing to repay debts on schedule by means of illegal debt collection,and even derive collection companies specializing in illegal debt collection.With the smooth progress of the national crackdown on gang crimes,the crime of collecting illegal debts was newly added in order to effectively govern frequent malignant debt collection cases.At present,the provisions only stipulate the constitutive elements,and no relevant judicial interpretation has been issued,so the connotation and extension of the criminal behaviors of this crime still need to be further analyzed to provide clear identification standards for judicial practice.Through the analysis of cases involving collection of illegal debts,it can be seen that the perpetrators mainly collect illegal debts through violence and "soft violence" means.There are seven types of illegal collection behaviors.First of all,put forward seven types of illegal collection behaviors identification standards.First,according to the analysis of seven types of illegal collection behaviors,they can be divided into two types: "violence" and "soft violence".And according to the academic research on violence and "soft violence" behaviors,clear the characteristics of illegal collection behaviors.Secondly,the legislator added the crime after the crime of picking quarrels and provoking troubles,considering the intention of the doer of illegal collection to obtain illegal benefits through illegal collection.By comparing the activities of the two crimes and referring to the relevant laws and regulations of the crime of picking quarrels and provoking troubles as well as the research results,the illegal collection behaviors such as "violence,coercion,intimidation,tracking and harassment" are specifically identified.On this basis,referring to the relevant laws and regulations of the crime of intentional injury and the crime of extortion as well as the research results,the illegal collection behaviors such as "violence,coercion,intimidation" are further identified.Thirdly,referring to the relevant laws and regulations of the crime of false imprisonment,especially the crime of unlawful detention for debts as well as the research results,the illegal collection behaviors such as "restricting the personal freedom of others" is specifically identified.Among them,the discussion of "deprivation" and "restriction" of personal freedom and whether to require the victim to be aware of the restricted personal freedom have important reference value for identifying the illegal collection behaviors such as "restriction of others’ personal freedom".Fourthly,due to the relatively few researches and regulations on tracking,harassment and intrusion in China,referring to the foreign regulations of the crime of stalking and the crime of intrusion as well as the research results,the illegal collection behaviors such as "tracking,harassment and intrusion" are specifically identified.Secondly,put forward the incriminating standard of the crime of collecting illegal debts.Reference to the relevant laws and regulations of "soft violence" and other relevant provisions of the crime of collecting illegal debts to put forward specific determination standards of "serious circumstances".Finally,combined with the determined case to confirm the standard.Since Amendment（XI）to the Criminal Law of the People’s Republic of China came into effect,although relatively few cases involving the crime of collecting illegal debts have been decided,their judgments provide strong practical support for the determination of the crime of collecting illegal debts.