Legislative Shortcomings And Reformation Of The Crime Of Collection Of Illegal Debts

In recent years,in reality,there are many illegal and criminal acts related to debt collection,and in the process of debt collection many unlawful elements use illegal means to endanger the legitimate rights and interests of others,causing a bad impact.In the fight against the black and evil forces in the more specific crimes committed by the black and evil forces include some illegal acts related to debt collection,so in order to better combat crime and consolidate the results achieved in the fight against the black and evil,the Criminal Law Amendment(XI)added the crime of collection of illegal debts.Prior to this,the judiciary would often characterize the use of illegal means to collect debts as the crime of provocation,illegal detention,unlawful intrusion into the home and other crimes.After the promulgation of the Amendment(XI)to the Criminal Law,these types of acts were crowned as the crime of collecting illegal debts.However,the crime of collecting illegal debts has suffered from many defects since its establishment.The core defect is that the crime of collecting illegal debts does not include the act of collecting legal debts.This thesis collected 108 cases related to the collection of illegal debts and 17 cases convicted by the crime of collecting illegal debts,and found that the act of collecting legal debts by illegal means in judicial practice has serious social harm but is difficult to be criminalized,and the establishment of the crime lacks scientificity and rationality.The establishment of the crime lacks scientificity and rationality,and does not correspond to the punishability of the crime,nor does it meet the needs of judicial practice.The second defect of the crime of collecting illegal debts is that it provides for intimidation and coercion at the same time,the meaning of intimidation and coercion is very similar and difficult to distinguish,which is easy to mislead judicial practice and cause confusion in judicial application.The third defect of the crime of collecting illegal debts is that it duplicates the elements of the crimes of provocation and nuisance,trespassing and illegal detention,which will bring difficulties in judicial practice and lead to the dilemma of different sentences in the same case.This will lead to different statutory penalties before and after the introduction of the "Amendment to the Criminal Law(XI)",resulting in judicial injustice.Finally,the legislative effect of the crime of collecting illegal debts is not good.The legislature hopes that the introduction of the crime of collecting illegal debts can provide a specific and clear legal basis for the judiciary to more accurately identify and deal with cases related to collecting illegal debts,so that the judiciary can make more just judgments,but in fact,it will lead to many acts of collecting legal debts by illegal means cannot be criminalized,and many criminals will not be Many criminals do not get the punishment they deserve.Therefore,this thesis attempts to reform this crime in view of the defects of the crime of collection of illegal debts.The reform of the crime of collecting illegal debts is the primary practice is the reform of the crime,the most important and core point is to add the act of collecting legal debts to the elements of this crime.The act of collecting legitimate debts by illegal means also has serious social hazards,which will be included in the crime of collecting illegal debts in order to meet the judicial practice and better safeguard judicial justice.The author suggests that the first paragraph of the crime of using violence or coercion be changed to the use of violence or threat of violence,so as to prevent the forced interpretation of the meaning of coercion and solve the problem of overlapping meanings of intimidation and coercion.Secondly,the charge and the crime are interdependent and mutually influencing,the charge is a specific embodiment of the meaning of the crime,and the crime is an accurate summary of the charge.The name of the crime should reflect the basic nature and core elements of the crime as far as possible,so in order to more accurately summarize the crime,the crime should be amended to the crime of illegal debt collection.Again,the relationship between this crime and other crimes should be clarified.It is proposed to add "......which also constitutes other crimes,may be dealt with in accordance with the principle of the number of crimes." to this crime.The clause of "the number of crimes".However,the "treatment in accordance with the principle of several crimes" here is neither a blanket punishment for one felony nor a blanket punishment for several crimes,but a separate treatment according to the specific circumstances of different cases.This amendment will facilitate the distinction between the crime of illegal debt collection and other crimes,and at the same time prevent the judicial practice that this crime does not apply to the competing provisions,which will lead to the wrong decision.Finally,the statutory maximum penalty for the crime of unlawful debt collection should be changed to five years’ imprisonment in order to coordinate with the crime of provocation and nuisance.Therefore,the crime should be described as,if a person collects debts by illegal means under any of the following circumstances and the circumstances are serious,he shall be sentenced to fixed-term imprisonment of not more than five years,detention or control,and shall be punished by a fine or a single fine:(a)using violence or threat of violence;(b)restricting the personal freedom of another person or intruding into another person’s residence;(c)intimidating,stalking or harassing another person.At the same time,it is recommended that a corresponding judicial interpretation should be issued to stipulate that if a person adopts the method of restricting personal freedom or intruding into another person’s home to collect debts,the sentence should generally be less than three years’ fixed-term imprisonment,detention or control,and a fine or a single fine,so as to coordinate with the statutory penalties for the crimes of unlawful intrusion into a home and unlawful detention.