On The Judicial Application Of The Crime Of Collecting Illegal Debts

With the substantial increase in demand in the field of lending in my country,some lawbreakers have obtained high profits by issuing high-interest loans.Due to the high cost of relief through public power,when the debtor is unable to pay off the debt,the creditor will choose to realize the creditor’s rights through private relief,and this kind of private relief can easily induce criminal behavior.Therefore,there is an urgent need to restrict such illegal acts at the legal level,in order to further maintain the stability of social order and the protection of individual rights.Against the background of this realistic demand,the crime of collecting illegal debts came into being.Through the detailed analysis of the current judicial practice cases,it is concluded that the following problems exist in the accurate application of the crime of collecting illegal debts,mainly including the one-sided identification of the collection behavior,and the failure to substantively identify the collection behavior;the expansion of the identification of illegal debts has led to some Illegal debts that are not too harmful are also included in the scope of the criminal law;the criminal circumstances identify the individual’s legal interests,and fail to effectively identify the social legal interests damaged by the behavior.The life of the law lies in its implementation.To study the judicial application of the crime of collecting illegal debts,it is inseparable from the analysis of the elements of the crime of collecting illegal debts.Therefore,the solution to the above problems should be combined with the three aspects of the crime: illegal debts,collection behavior,and serious circumstances..First,the establishment of an illegal debt must meet three preconditions.The first is that the will of both parties is free when they express their will;the second is that both parties have a clear understanding of the formation of the debt and have no objection;Acts expressly prohibited by law are illegal.Secondly,the violence and coercion in the collection behavior should be understood in the broadest sense;the restriction of the personal freedom of others cannot be equal to the deprivation;the behavior of intrusion into the house includes the perpetrator’s active intrusion into the house and passive refusal to leave;intimidation,stalking,harassment should also meet specific conditions to be identified.Finally,whether the circumstances are serious or not should be judged according to the impact of the specific collection behavior and the quantified frequency and content,combined with the determination of serious circumstances by other relevant laws.In addition,since the illegal collection may involve the establishment of other crimes,the relationship between the possible crimes and the crime can be divided into two types: co-opetition and opposition.