Doctrinal Interpretation Of The Crime Of Collecting Illegal Debt

For some time,illegal means,such as soft violence by violence,the phenomenon of illegal debt collection,"criminal law amendment(11)to summarize anti-triad experience,putting the activity to violence,intimidation and other illegal means collection in interest loans and other illegal behavior of the debt into the constraints of the criminal law category,set up a new crime of illegal debt collection,accords with the general law of legislation.The establishment of the crime of collecting illegal debts is conducive to overcoming the weakness of the civil law and administrative law in collecting illegal debts,and to protecting citizens’ personal rights,property rights and social order.The legal interests protected by the crime of collecting illegal debts should be the compound legal interests,whose personal legal interests are reflected in the personal rights and property rights of citizens,and whose social legal interests are the social public order.Because of the social public order this concept is too general,just similar this crime infringes the legal interests,in order to avoid the crime of illegal debt collection become the new whole,should be in this crime is further narrowed the connotation of social public order,based on this crime behavior,legislative purpose,the social public order shall be specifically refers to the social life order.The illegal debt in the crime of collecting illegal debt includes the high interest generated by high-interest lending,gambling debt,drug money,etc.The specific judgment should be based on whether the doer has the purpose of illegal possession.If there is a real creditor’s right and debt between the doer and the debtor,even if the creditor’s right and debt is illegal,it should not be considered that the doer has the purpose of illegal possession.If the doer collects such illegal debt by means of violence or soft violence,it should constitute the crime of collecting illegal debt.If the doer goes beyond the scope of the real debt-creditor relationship and collects fictitious debt,fictitious debt,routine loan,etc.,then it collects the non-existent creditor’s right with the purpose of illegal possession,and shall judge what other charges are constituted according to its specific means of conduct;Then according to the theory of crime number,it is judged that the crime and the crime of collecting illegal debt constitute one or several crimes.This crime and robbery crime,illegal detention crime,illegal trespass crime,picking a fight and provoking a disturbance crime may belong to the imagination of the composition of a crime,may also constitute a combination of several crimes,need to be combined with the specific circumstances of the case to judge.