Research On The Crime Of Collecting Illegal Debt

In recent years,great progress has been made in all aspects of China’s society,the vitality of the socialist market economy has continued to burst out,economic exchanges have become increasingly abundant,and creditor-debt relations have become increasingly complex,accompanied by a surge in the types and number of illegal creditor-debt relationships.Illegal claims are difficult to rely on legal means to realize,so when debts cannot be repaid on time,many creditors will choose private remedies to solve them,or even take risks to realize their claims through illegal means.In recent years,news about debt claims through acts such as personal following,invasion of residences,and disturbances in the debtor’s workplace has seriously affected the normal life of debtors and their relatives and friends,and some debtors have chosen to commit suicide because they cannot bear malicious debt collection.Some people who carry out illegal lending,gambling and other acts have even colluded with criminal and evil forces,seriously harming citizens’ personal and property rights and undermining harmonious and stable social and public order.There are various related offences to adjust for illegal acts that generate illegal debts,but only the crime of illegal detention is clearly stipulated for debt collection.Most collection behaviors rely on the crime of picking quarrels and provoking trouble,which makes the identification of illegal debt collection cause many problems.The introduction of the crime of collecting illegal debts is a response to the real problems of society,and to a large extent,it solves the problem of identifying the collection of illegal debts.However,there are still some problems in the determination of the crime of collecting illegal debts,such as the scope of legal interests protected by the crime of collecting illegal debts,the clear scope of application of the crime of collecting illegal debts,and the relationship between this crime and the crime of fraud,illegal detention and intentional injury.In judicial practice,these are prone to situations where the same case is not the same case and different judgments are present.It is of great significance to study the determination of this crime to explore the application of this crime.Combined with the court’s judgment results in this type of case in practice,the author summarizes the problems arising in the determination of the crime of collecting illegal debts,which can be discussed from three aspects: the objective aspect,the boundary between the crime and related crimes,and the joint crime.The first aspect is the research on the objective aspects of the crime of collecting illegal debts,and there are two main focuses on the objective aspects of the crime of collecting illegal debts: one is to accurately understand illegal debts,mainly including the scope of debts,the comparative distinction between "illegal debts" and "debts not protected by law",and the types of debts usually requested;The second aspect is the research on the identification of joint crimes of the crime,which makes a specific analysis of the creditor’s hiring others to claim debts,and clarifies the scope of the establishment of joint crimes.The third aspect is to discuss "serious circumstances" based on the type of collection behavior of this crime.The fourth aspect is the determination of the boundary between the crime of collecting illegal debts and related crimes,mainly from the analysis of crimes with legal competition such as the crime of collecting illegal debts and the crime of illegal detention,the crime of picking quarrels and provoking trouble,and the crime of extortion.Properly handle the relationship between this crime and other related crimes,and promote the practical application of this crime in the judiciary.