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

The disorderly collection caused by the behavior of high interest lending not only seriously damages our economic market and financial environment,but also poses a great threat to citizens’ personal property and social security.In order to demand repayment of illegal debts,debt collectors often use violent coercion,tracking harassment or restriction of personal freedom to collect,some creditors know that professional debt collectors in order to achieve the purpose of debt collection will use illegal means,still entrust them to take action,and even some lenders themselves are members of underworld organizations.Illegal means of debt collection not only damage the dignity of the law,but also damage the credibility of the judiciary,and will become a hotbed for the development of vicious organizations.In 2021,the 11 th Amendment to the Criminal Law added the crime of collecting illegal debts,which is a timely response to hot social issues such as high-interest lending.However,because the charges are new,there are many problems in the judicial application,such as different judgment in the same case and different identification standards.By consulting literature and analyzing a large number of judgment documents,this paper summarizes the disputes in practice and puts forward suggestions.The author found that the judicial practice of the high interest lending standard identification is inconsistent,according to the civil and criminal standards are different,the choice of civil law Lpr four times the standard is more conducive to the unity of the legal system.Moreover,the "illegality" of this crime has a dual nature,including not only the illegality of the nature of debt,but also the illegality of the means of collection.It is more appropriate to divide the debt by the illegal means of behavior.In addition,the types of illegal debt of this crime not only include the debt of usury explicitly listed,but also include gambling,prostitution and other illegal debt,as long as the use of violence and soft violence means to collect and reach serious circumstances,can be punished by this crime.By summarizing a large number of cases,the author found that this crime is closely related to the crimes of extortion,illegal detention,picking quarrels and provoking troubles,and should be dealt with carefully according to the specific case when there is competition and cooperation.For example,when distinguishing between the crime of collecting illegal debts and the crime of racketeering,it is necessary to consider whether there is a purpose of illegal possession.The crime of collecting illegal debts is the result of eradicating gang crimes.As the main body of the crime,the triad nature organizations and debt collection companies involve most cases of this crime.Therefore,the author suggests adding units as the main body,and agrees to upgrade the special subject crime of "taking this as the business" to legal punishment.According to the thinking of analyzing cases,summarizing problems,comparing elements and putting forward suggestions,this paper studies the judicial application of the crime of collecting illegal debts,hoping to be helpful to the perfection of the theory and practice of the crime.