Research On The Objective Aspects Of Crime Of Collecting Illegal Debts

The Criminal Law Amendment(11)adds the crime of collecting illegal debts to combat the long-term violent and soft violence debt collection behaviors resulted from illegal and criminal acts such as usury,protect the rights and interests of debtors from infringing and maintain the financial order of the socialist market of normal operation.It shows new characteristics in the objective aspects of the crime composition.In terms of the purpose of the act,it is to collect illegal debts,that is to say,the object of this crime is limited to illegal debts.In terms of behavioral methods,the amendment stipulates three major categories and seven behavior modes,and violence,coercion,restriction of personal freedom,intrusion into other people’s houses,intimidation,stalking,and harassment are the methods of collecting illegal debts.In judicial practice these are common ways used by underground forces.In terms of behavioral results,the law stipulates that if the circumstances of collecting illegal debts by the above-mentioned means are serious,this crime shall be constituted.However,the provisions of the law on the above three aspects are not clear enough,and it is necessary to further analyze and understand the specific elements of this crime.Therefore,to explore the correct application of the objective aspect of the crime of illegal debt collection,this article takes illegal debts,collection behaviors,and serious circumstances as the three lines of defense that constitute this crime.Accordingly,this paper is divided into the following parts.The first part sorts out the analysis of illegal debts collection,clarifies the necessity of establishing this crime,and points out the significance and research method and the framework.The second part discusses illegal debts as the "first line of defense" for the crime of collecting illegal debts.The definition and content of illegal debts face many disputes in theory and practice.Illegal debts are debts that are agreed upon the voluntary expression of will between the parties and not permitted by the legal order under for violation of other legal prohibitions.Its essential feature is that it violates the prohibitive provisions of non-criminal law.Therefore,in addition to usury,gambling debts also belong to the scope of illegal debts.The third part discusses the collection behavior as the "second line of defense"for the crime of collecting illegal debts.In judicial practice,the specific manifestations of collection behavior are various,and the characterization of specific behavior means cannot be separated from the behavior of this crime.Specifically,violence and coercion should be understood in a broad sense,and the degree of means is sufficient to achieve psychological coercion,and it is not required to suppress the victim’s resistance.Restriction of personal freedom should be distinguished from deprivation of personal freedom in the crime of illegal detention.Trespassing of other people’s residences is limited to "intruding-type",it does not include "staying type".Intimidation,stalking,and harassment must also reach the level that causes the victim’s psychological fear.The fourth part discusses the seriousness of the circumstances as the "third line of defense" for the crime of collecting illegal debts.Taking the common "serious circumstances" of other crimes in judicial interpretations as a reference,the seriousness of this crime can be determined from the number of actions,the means of action,the object of the action,the time of the action,the consequences.