Research On The Crime Of Collecting Illegal Debts

The crime of collecting illegal debts is a new crime added in the Amendment to the Criminal Law(XI).It is listed in the form of one of Article 293 after the crime of causing trouble in Article 293.The manifestation of the crime is to describe the crime.This crime was formed in the process of "special struggle against crime and evil".After the end of the special struggle,it was summarized as an independent crime as the experience of regulating the collection of illegal debts such as usury by specific means.After the entry into force of the Criminal Law Amendment(XI),the judicial application of this crime has some disputes in theory and practice.This article will discuss some problems reflected in the judicial practice of this crime based on the crime constitution and combined with judicial cases,mainly including the following five parts:The first part is the introduction.In this part,paper firstly expounds the research background,mainly the basic situation of legislation and justice of the crime of collecting illegal debts;Secondly,it points out the theoretical and practical value of this study.From the macro perspective,this article takes the principle of legality as the starting point,and tries to explore the impact of this crime on the criminal law system.From the micro perspective,it can help to correctly understand and apply this crime;Thirdly,the research status of this crime is sorted out.Domestic scholars’ research on this crime includes the protection of legal interests,collection behavior,determination of "illegal debt",determination of "serious circumstances",subjective composition,as well as the number of charges and crimes;Finally,the main research adopted in this paper is introduced.The second part is the summary of the crime of collecting illegal debts.In this part,this paper focuses on the historical evolution of the judicial determination of the normative acts of the crime,points out that the crime has experienced three stages of criminalization by way of behavior,by nature of debt,and by "soft violence",and clarifies the origin of the crime.At the same time,it also discusses the intersection of illegal debt and civil punishment recognized by the collecting bank in the objective constituent elements of this crime.The third part is the constitution of the crime of collecting illegal debts.This article believes that the legal interests protected by the crime of collecting illegal debts are the social management order and personal rights.Based on the theory of two levels,this paper analyzes the constitutive elements of this crime from both objective and subjective aspects.On the objective level,this paper explains the violence and coercion listed in the law in theory,distinguishes the restriction of personal freedom and the intrusion into the house from similar crimes,lists the manifestations of intimidation,tracking and harassment,points out that "illegal debt" must have true consensus and conform to the principle of the unity of law and order,and advocates that the determination of "serious circumstances" must follow certain laws.On the subjective level,it analyzes the form of the crime and the purpose of illegal possession,and concludes that this crime is not required for the purpose of illegal possession subjectively,and the indirect intentional manifestation is entrusted to a third party for collection.The fourth part is about the problems in the judicial application of the crime of collecting illegal debts.Based on the correct understanding of the constituent elements of this crime,this paper analyzes the judicial cases and finds that there are some problems in the judicial application of this crime,such as the vague criteria for the collection of the act of collection,the different criteria for the identification of "illegal debt",the unclear provisions for "serious circumstances",and the unclear identification of the number of charges and crimes.The fifth part is the solution to the problems in the judicial application of the crime of collecting illegal debts.In view of the ambiguity of the criteria for the criminalization of the collection act,this paper advocates to limit the interpretation of the provisions of the law,and the way of limiting it starts with the publicity in form and the social harmfulness in essence;In view of the different standards for determining "illegal debt",the author believes that the standards should be established from three dimensions: civil norms,administrative norms and criminal norms;In view of the problem that there is no clear provision for "serious circumstances",this paper puts forward clear criteria and some specific circumstances for identification;In view of the unclear identification of the charges and the number of crimes,it is pointed out that we should use the theory of competition and cooperation to reasonably define the boundary between the crime of collecting illegal debts and the crime of extortion and other related crimes.