Research On Collecting Illegal Debts

Prior to the Criminal Law Amendment(XI),the collection of illegal debts by means of soft violence was generally considered to be an offence of instigating quarrels and causing serious injury or death,possibly involving intentional injury or intentional homicide.The criminalization of minor offences resulted in excessive penalties,disproportionate sentencing and conflicting with the interpretation of the law applicable in criminal cases of instigating quarrels because of debt disputes.By adding new crimes,we can fill legal loopholes and effectively regulate the violent acts between illegal debt collectors and criminals.However,in judicial practice,there are still some problems in the identification of the crime of collection of illegal debts,such crimes and other related crimes boundary blurred,the severity of the judgment criteria are not uniform,etc..In view of this,this paper tries to analyze the crime of collection of illegal debts from a theoretical point of view and judicial examples,combined with relevant laws and regulations and judicial interpretation.Combined with the judicial practice of the local courts in this category of cases,this paper discusses the problems arising in the identification of the crime of collection of illegal debts from three aspects: the objective constitutive elements,the definition of this crime and other related crimes,and joint crime.The first aspect is the analysis of the objective constitutive elements of the crime.There are three main focuses on the objective constitutive elements of the crime,the first is an accurate understanding of the legal benefits of the crime protection;Second,an accurate understanding of illicit debt;The third is to understand exactly the type of behavior of this crime and to clarify the severity of the judgment criteria.The second aspect is the definition of this crime and other related crimes,mainly from the crime of collecting illegal debts and the crime of picking quarrels and stirring up trouble,the crime of illegal detention of debt collection,extortion,trespassing crime to analyze the boundary.The third aspect is the identification of the accomplice form of employed debt collectors in the crime of collection of illegal debts.There are two main points of emphasis,one is to understand exactly that the person employed to collect the debt has the principal qualification to constitute this crime.The second is the question of the establishment of an accomplice by the employed debt collectors,and whether the employed debt collectors know the nature of the debt as the criterion to determine the scope of the establishment of joint crime by the employed debt collectors.