Research On The Crime Of Collecting Illegal Debt

Compared with the economic achievement achieved by our rapid development illegal debt and illegal collection means are not in harmony with our high quality development.As illegal debt is not protected by law,creditors can only rely on private relief to realize the creditor’s right,which will lead to debt collection agencies or individuals with the nature of evil forces to recover debts and illegal collection,touching the legal red line.There are still some problems in the understanding and application of the new crime.Before the establishment of the crime,illegal collection behavior is mostly regulated by the crime of picking quarrels and provoking troubles,which will result in light punishment and heavy punishment.At the same time,the academic circle also has different views on the scope of legal interests protected by this crime.There is no clear explanation for the scope of illegal debt,the understanding of collection means and the definition of serious circumstances.And the relationship between this crime and the crime of picking quarrels and provoking troubles,property crimes and crimes against personal freedom also need to be analyzed systematically.The crime of collecting illegal debts should be set up to protect public order and the compound legal interests of citizens’ personal rights.The illegal debt of this crime should be the debt prohibited by law or the debt generated by the act prohibited by law.The collection act should be discussed in combination with the serious circumstances.In the identification of this crime,through the comprehensive thinking and evaluation of illegal debt,collection behavior,subjective elements and circumstances,the correct identification of this crime and property crimes,property crimes and crimes of the law between the competition and cooperation relationship.