Research On The Application Of Criminal Law Of Soft Violent Debt Collection

In recent years,as the country strengthens the crackdown on the crime of the black forces,the "soft violence" illegal and criminal behavior has attracted more and more attention from all walks of life."Soft violence" is a general term that is increasingly seen in the field of personal debt collection.From the perspective of behavior,the serious illegal "soft violence" debt collection behavior has the legal interest infringement and social danger,involving the crime of illegal detention,the crime of collecting illegal debt,extortion,picking fights and provoking trouble and other crimes;On the basis of objective attribute and legitimacy,the "soft violence" debt collection behavior belonging to the exercise of legitimate power also has certain peaceful attribute or social acceptability.The current Criminal law,especially since the implementation of the Criminal Law Amendment(11),has explicitly criminalized serious acts of tracking and harassing others to collect illegal debts,providing a normative basis for judicial practice.The diversity of "soft violence" debt collection behavior and the ambiguity of judicial interpretation;There is the problem of cross between criminal and people in the standard of the identification of debt nature;The regulation intersections of criminal law and administrative law on "soft violence" debt collection behavior;The conflict of concurrence and concurrence in the application of criminal law has resulted in different judgments,different convictions and punishments,and expanded judicial application.At present,to solve the problems in the practice,to strictly from the perspective of crime constitution and purpose,clear relationship between internal provisions of criminal law,on the basis of combination of common sense and emotional identity,to clarify the "soft violence" debt collection of administrative illegal and criminal law applicable line between "quality" and "quantity",refine the judicial cognizance rules and standards,Make the criminal law and the external department law between the application of coordination between the criminal law.