Research On The Identification Of Objective Elements Of The Crime Of Collecting Illegal Debts

The rapid expansion of loan business has given rise to a large number of criminal groups whose business is debt collection.They help creditors to collect debts by means of violence,harassment and threats,which leads to the destruction of social and financial order and urgent legal regulation.The crime of collecting illegal debt is stipulated in the Amendment(11th)of Criminal Law to punish such illegal debt collection behaviors that destroy social order,crack down on criminal organizations that take illegal debt collection as their business,and maintain the social public order and the normal order of folk lending.As this crime is a new crime,there is no corresponding judicial interpretation,and the academic circle has no unified and clear theoretical viewpoint on its objective conditions.Therefore,in practice,the identification standards of "illegal debt" and "serious circumstances" are not unified,which does not play the due judicial role of the crime of collecting illegal debt,but further leads to the deviation in the application of charges and the mismatch between crime,responsibility and punishment.The objective requirements of the crime of collecting illegal debts mainly include "illegal debts","behavior mode" and "serious circumstances".This paper expounds the concept of objective conditions through the literature research method,and then discusses the identification problems in judicial practice combined with court cases.Through the research on the concept of "illegal debt",the identification criteria of its debt and illegality are clarified,and the scope of "illegal debt" is discussed in combination with the provisions of the law.In particular,what debts should be included in the "other illegal debt" mentioned in the law is systematically explained.On this basis,the paper on the law expressly stipulated seven acts of execution,discusses the crime of violence,soft violence behavior of the form of expression,clear the difference between various ways of behavior.Finally,combined with the judicial interpretation of "bad circumstances" and "serious circumstances" in the crime of picking quarrels and provoking troubles,crime of illegal detention,illegal trespassing into residence and other related charges,the connotation of "serious circumstances" is clarified,five categories of identification criteria of "serious circumstances" under a single act are discussed,and the application of their identification criteria under compound behaviors is clarified.