Research On The Crime Of Collecting Illegal Debts

Against the background of the normalization of the special struggle against organized crime and evil forces,the crime of collecting illegal debts came into being as a product of the special struggle against organized crime and evil forces.Both upstream and downstream acts of illegal debt collection may involve violations and crimes,which have serious social harm.Starting from the legislative background and judicial determination of the crime of collecting illegal debts,this article will put forward legislative improvements and judicial suggestions for the regulation of illegal debt collection in combination with the understanding of the composition of the crime of this crime.Firstly,the legislative background of the crime of collecting illegal debts is sorted out.Mainly based on the analysis of judicial interpretations related to illegal debt collection,the judicial interpretations have a variety of crimes for illegal debt collection,but there are still blind spots in punishment.In response to this problem,the academic community has disputed how to accurately regulate illegal debt collection.In order to clear the blind spots of the illegal debt collection criminal system and resolve the dispute over the illegal debt collection regulation system,the crime of collecting illegal debts came into being.The establishment of the new crime has resolved the shortcomings and controversies in the previous legal system of illegal debt collection,but it has also given rise to the new problem of how to understand and apply this crime.The object of this sin is economic order within the category of public order.The objective aspect is mainly analyzed from the three aspects of "illegal collection","illegal debt" and "serious circumstances" : the mode of behavior of "illegal collection" is limited to three types: violent,illegal restriction of personal freedom and nuisance;"illegal debt" refers to usury and its derived illegal debts;"serious circumstances" is a restriction on the degree or frequency of the three illegal collections.The main body is the perpetrator of the illegal debt collection act,and there is no need to have the characteristics of "taking this as a business",and the entrustment can constitute an accomplice.The subjective aspect is the purpose of collecting usury and the illegal debts derived therefrom..Subsequently,the judicial application of the crime of collecting illegal debts is discussed from the aspects of crime and non-crime,crime and other crimes,and the number of crimes.The offence satisfies the "dual illegality of unlawful collection and unlawful debt".The main difference between this crime and violent crimes is that the consequences of violence are different,the main difference with crimes that restrict personal freedom is that the time and degree of illegality of restricting personal freedom are different,and the main difference between this crime and the crime of picking quarrels and provoking trouble is that the subjective purpose is different.In addition,the crime of collecting illegal debts and the crime of intentional injury,illegal detention,illegal intrusion into a dwelling,and picking quarrels and provoking trouble will constitute an imaginary competition under certain circumstances.Finally,it is a sound proposal for the crime of collecting illegal debts.First of all,judicial interpretations should be used to improve the crime of collecting illegal debts.The judicial organs should issue judicial interpretations related to the crime of collecting illegal debts,clarifying the limited scope of the three modes of conduct,that is,explaining the "serious circumstances";Second,at the judicial level,the criminalization limit for the crime of collecting illegal debts should be clarified.The legitimacy of private remedies should be recognized,and the collection of legal debts and natural debts shall not be recognized as this crime;the illegal collection of the principal of usury shall not be included in the scope of this crime.