Research On The Identification Of The Crime Of Collecting Illegal Debts

In recent years,China has made great progress in all aspects of society,the vitality of the socialist market economy continues to burst,economic exchanges are becoming richer and richer,and the relationship between creditor’s rights and liability is becoming more and more complex,accompanied by a surges in the types and number of illegal creditor’s rights and liability.Illegal creditor’s rights are difficult to realize by legal means.Therefore,when the debtor cannot repay the debt on time,many creditors will choose private relief to solve it,and even take risks to realize the creditor’s rights through illegal means.The news that debt collection through following closely,intrusion into the house,making a scene at the debtor’s workplace and other behaviors has seriously affected the normal life of the debtor and his relatives and friends has been exposed frequently.It also happens that some debtors choose suicide because they can’t stand malicious debt collection.Some people who carry out illegal lending,gambling even collude with the underworld and evil forces,seriously damage citizens’ personal and property rights and undermine the harmonious and stable social and public order.There are various related charges to adjust the illegal act of generating illegal debt,but there are only clear provisions in the crime of illegal detention for debt collection.Most of the collection behavior depends on the crime of provocation,which leads to a lot of problems in the identification of illegal debt collection.In order to better regulate the collection of illegal debts,the Amendment（XI）to the Criminal Law specifically stipulates the crime of collecting illegal debts.The enactment of the crime of collecting illegal debt is a response to social practical problems,which solves the problem of identifying the behavior of collecting illegal debt to a great extent.However,there are still some problems in the identification of the crime of collecting illegal debt,such as the unclear standard of serious circumstances,the complexity of the distinction between this crime and the crime of illegal detention and extortion,which make the phenomenon of different judgments in the same case appear in judicial practice.Therefore,the discussion on the determination of this crime has great theoretical and practical significance.Combined with the judgment results in this kind of cases in judicial practice,the author summarizes the problems in the identification of the crime of collecting illegal debt,which can be discussed from three aspects: the objective aspect,the boundary between the crime and related crimes,and joint crime.The first aspect is the research on the identification of the objective aspect of the crime of collecting illegal debt.There are two main focuses on the objective aspect of collecting illegal debt.One is to accurately understand the illegal debt,mainly including the scope of debt,the comparative distinction between "illegal debt" and "debt not protected by law",and the limitation of the amount of debt claimed;Another is to discuss the "serious circumstances" based on the types of collection behavior of this crime.The second is the boundary between the crime of illegal debt collection and the crime of illegal debt collection.The third aspect is the research on the identification of the joint crime.It makes a specific analysis on the creditor’s behavior of hiring others to claim debts,defines the establishment scope of the joint crime,and analyzes and demonstrates the over limit behavior in the process of claiming debts.