Research On Judicial Application Of The Crime Of Collecting Illegal Debts

As one of the 17 newly added crimes in the Criminal Law Amendment(XI),the crime o f collecting illegal debts is an important summary of the special struggle against gangsters and criminals,aimed at the people of our country has been deeply hated the illegal debt collection act to carry out a severe blow.However,due to the short establishment time of this crime and the relative absence of relevant judicial interpretation and guiding cases,there is a certain und erstanding deviation in the process of applying this crime in judicial practice,then caused this crime in the judicial practice of the expansion of the tendency.By analyzing the cases with ty pical disputes in current judicial practice,the problems of the crime of collecting illegal debts in practice mainly show that there is a tendency of formalization in the judgment of the means of the crime of collecting illegal debts,failure to understand debt collection in substance and t o exclude acts of a significantly minor nature that are not subject to criminal penalties;there is a tendency to expand the scope of the concept of illegal debt,there is no distinction between t he illegal debt with obvious harmfulness and the legal part of the debt of the object of collecti on or the illegal debt without obvious harmfulness,neglecting the three aspects of the crime’s protection of public legal interests.The expansion of the applicati on of the crime of collecting illegal debts in judicial practice,to a great extent,comes from the preconceived thoughts caused by the high frequency of the application of new charges by the judicial departments and the nature of this crime,which is highly related to the crimes of the b lack and evil forces.Law proverbs have such a sentence: the law does not focus on reading,but on understand ing.In order to deal with the expanding tendency of this kind of application,we should first a nalyze the specific element of the crime of collecting illegal debts.Therefore,the solution to t he above three problems should be combined with the illegal debt,collection and the crime of protecting legal interests of the three aspects of analysis.Firstly,the concept of“Illegal debt” s hould be divided into two parts: “Illegal debt” and“Irregular debt”,the author advocates to cra ck down on the illegal debt in an all-round way and analyzes the source of the deviant debt ac cording to the tolerance of the society.Secondly,the“violence” should be limited to“Hard violence” because of thenature of the misdemeanor The definition of duress includes not only“Violent duress” wi th direct threat of violence,but also“Non-violent duress” with damage to social evaluation of victims There is no need to“Deprive” the freedom to limit the personal restriction of freedom;And intimidation,stalking,harassment not only need to consider the impact of the victims,bu t also need to consider the damage caused by social order.Third,the protection of legal intere sts of this crime has dual nature,so in judicial practice,both personal legal interests and social legal interests should be considered.Based on the theoretical analysis of the crime of collecting illegal debts,the judicial appli cation of this crime should pay attention to the degree that the nature of illegal debts is tolerat ed by the society Considering the intensity of the act of collection and even its harm to legal i nterests,the author makes a concrete determination of the act of collection with substantive th inking,while acknowledging the harm of this crime to individual legal interests,in this crime to the social legal interests may cause harm to balance.In addition,since the collection of ille gal debts may have a physical resemblance to other offences,therefore,it is necessary to disti nguish the relationship between this crime and other similar crimes according to the differenc e of the elements of criminal acts,in order to further distinguish this crime and the other crime in judicial practice.