Research On The Judicial Application Of The Crime Of Collecting Illegal Debts

Since the crime of collecting illegal debt was officially punished,there have been some problems in the judicial application,such as unclear definition of the connotation of illegal debt,different judgment standards for serious circumstances,and heavy punishment for misdemeanors.This crime infringes on "dual legal interests",in which the legal interests of social public order refers to the tranquility of social life,that is,the order and non destruction of public work,study and family life;Personal legal interests refer to the interests of physical health,freedom of movement,no invasion of residence and no coercion of spirit,but do not include property interests.The judicial organ should proceed from the protection of legal interests of this crime and make a substantive interpretation of the constituent elements.The usury of this crime should adopt the standard of 36% annual interest rate.The scope of usury illegal debt includes the principal based on illegal lending and the legitimate interest not exceeding the illegal interest rate standard,excluding the "illegal debt" exceeding the illegal interest rate standard;Other illegal debts should be judged based on the fact that the basic facts of the debt violate the prohibitive provisions of the law.In the identification of behavior elements,the degree of "violence" in "hard violence" should be limited to low-level violence.For the personal safety of the victim,the degree of injury is equivalent to beating,and coercion should be positioned as violent coercion;"Soft violence" is to achieve illegal purposes through non violent psychological coercion.In the identification of the elements of the plot,we should grasp the collection behavior as a whole,and take the organization,openness and continuity as the judgment standard of the seriousness of the plot.In terms of the relationship between the number of crimes,the concurrence between this crime and the crime of provocation should be handled in accordance with the provisions of the law;The concurrence of this crime with the crime of illegal detention,the crime of illegal intrusion into the house and the crime of extortion should be handled according to the imaginative concurrence.