Study On The Judicial Application Of The Crime Of Collecting Illegal Debts

The Criminal Law Amendment（XI）was adopted and published on December 26,2020,and the crime of collection of illegal debts was officially implemented as a new crime on March 1,2021.Many elements of this crime in the process of application need to be fully discussed and clarified.First of all,the degree of "aggravating circumstances" is a necessary condition to constitute the crime of collecting illegal debts,the crime of violence and coercion,although not enough to suppress the victim difficult to resist the degree,but should also reach the degree of psychological fear of the victim to resist;restrict personal freedom to reach the degree of restricting the victim’s freedom to come and go,access to their own convenience The victim’s home is intruded to the extent of forcible entry without the victim’s consent,persuaded to leave by the victim and refuses to leave for a longer period of time,destroying his own or other people’s property after intruding into another person’s home;intimidation and harassment to the extent of affecting the normal work and life of the victim.Secondly,the "illegal debts" arising from the collection of usurious money lending refers to the debts arising from illegal acts such as collection of usurious money lending,in addition to debts arising from other crimes such as gambling,smuggling,sale of stolen goods,theft,etc.should also be included in the scope of this crime illegal debts.Again,the crime of "collection methods" to supplement the existing crime of collection methods only violence and coercion,restriction of personal freedom,intrusion into another person’s home,intimidation,stalking four types of harassment,in the legal provisions of the collection methods and no "etc.",but the newly issued The specific manifestation of collection behavior is diverse,including the use of abusive,insulting,pestering,telecommunication bombing,package nuisance,hanging slogans and banners,posting newspaper spray writing,water and power outages,firecrackers,placing elegiac couplets,playing mourning music,mailing terrorist objects,etc.These means and intimidation and harassment have considerable harm to the victim should also be included in the collection of illegal debt collection crime collection methods.Finally,the collection method of this crime is often similar to the crime of intentional injury,illegal detention,unlawful intrusion into another person’s home and provocation,often resulting in competing laws and regulations,and the application of which crime should be judged according to the purpose of the act,means and methods.