Research On Several Issues Of The Crime Of Collecting Illegal Debt

The clarification of the legal interests protected by a specific crime is the basis for the interpretation and study of criminal law norms.Based on the type of behavior of the crime of collecting illegal debts,the position of the crime in the criminal law division,the existing provisions of the current legislation and the statutory penalty equipped with this crime,a reasonable explanation can be made that the main legal interest protected by this crime is social public order.In judicial practice,this crime is usually committed by stalking,harassment,verbal abuse,illegal detention,etc.Therefore,the personal rights of citizens will be inevitably violated in the process of collecting illegal debts.It can be concluded that personal rights are the secondary legal interests protected by this crime.Once again,the criteria for attempt,the legislative intent and the focus of the regulation of the crime of collecting illegal debts are different from those of property crimes,as the crime focuses on the protection of social public order,while property crimes focus on the protection of citizens’ property rights.The objective elements of this crime include the identification of "illegal debt",the understanding of "collection" and the criteria for determining "aggravating circumstances".Illegal debt refers only to the collection of the principal amount of the loan and the interest rate that does not exceed the national lending rate,excluding the collection of high interest rate that exceeds four times the quoted market interest rate of the loan.Based on the rule of similar interpretation,the "etc." in the "collection of illegal debts arising from usurious lending" should be homogeneous with the act of usurious lending.The violence in this crime includes the use of violence against a person and the use of violence against a thing.Coercion can be either coercion by violence or non-violence.Restriction of personal freedom of others cannot reach the level of loss of personal freedom of others.For the intrusion into another person’s home this way of behavior can be understood by referring to the relevant provisions of the crime of unlawful intrusion into the home.Intimidation,mainly refers to the implementation of verbal or physical threats;stalking,usually refers to the surveillance and tailing of others;harassment,refers to various pretexts to nuisance others,disrupting the peaceful life of others.For the element of "aggravating circumstances",the judicial authority should combine the number of acts,time,damage and other aspects of comprehensive judgment.The crime of collection of illegal debts in the structure of the shortened two-act crime,as long as the perpetrator to collect for the purpose of the implementation of collection behavior,the amount of crime to reach the degree of aggravating circumstances,it constitutes a crime attempt.How to accurately identify the "Criminal Law Amendment(XI)" before the entry into force of the collection of illegal debts occurred after the "Criminal Law Amendment(XI)" has not yet been judged,then belongs to the retroactive issue.To achieve an accurate conviction and sentence for the collection of illegal debts,it is necessary to clarify the boundary between this crime and the other crime.The crime of collecting illegal debts and the crimes of robbery,extortion,illegal detention,unlawful intrusion into a residence,and provocation and nuisance may all constitute imaginary competition and be punished from one felony to another.