Research On The Behavior Of The Crime Of Collecting Illegal Debty

With more and more exchanges in China’s Socialist market economy,the relationship between creditor’s rights and debt has become more and more complex,and illegal creditor’s rights are difficult to be realized through legal means.Therefore,when debts cannot be paid off as scheduled,many creditors choose private assistance.In recent years,there have been frequent reports of using personal following and intrusion into homes as means of debt collection,which seriously affects the normal lives of debtors and their relatives and friends.In order to better regulate the collection activities of illegal debts,the Criminal Law Amendment(11)has added the crime of collecting illegal debts.However,in practical applications,there are still related issues regarding the determination of collection behavior and the definition of the degree of behavior,leading to the existence of cases with different final judgments in judicial practice.Therefore,this article analyzes the collection behavior and limits of the crime of collecting illegal debts,in order to provide some reference for judicial application.In order to better regulate the collection of illegal debts,the Criminal Law Amendment(11)has added the crime of collecting illegal debts.However,in practical applications,there are still related issues regarding the determination of collection behavior and the definition of the degree of behavior,leading to the existence of cases with different final judgments in judicial practice.Therefore,this article analyzes the collection behavior and limits of the crime of collecting illegal debts,in order to provide some reference for judicial application.Firstly,analyze the connotation and characteristics of "collection behavior" in the crime of collecting illegal debts.The essence of collection is that the perpetrator uses violence or other means to impose obvious coercion on the debtor or other relevant personnel,in order to achieve the collection of illegal debts.The collection behavior has the characteristics of openness,illegality,and diversity of behavior methods.Secondly,based on the different types of infringement of the main legal interests,the seven types of behaviors stipulated in the legal provisions are classified,and specifically,"violence"(violence against individuals)and "coercion" behaviors are classified as infringement of personal health;Intimidation and harassment are types of mental health violations;Classify the behavior of "restricting others’ personal freedom","invading others’ homes",and "tracking" as infringing on freedom;Violence(physical violence)is a type of property infringement.Finally,based on the classification of behaviors,the limit of the act of collecting illegal debts is defined,with the statutory punishment provisions of this crime and the comparison with other related charges as the main analysis basis.In the collection behavior that infringes on personal health,the limit of "violence against individuals" is between minor injuries and minor injuries,including minor injuries and minor injuries;The minimum limit of coercion is to create psychological fear for the victim,and the maximum limit is to not reach a level sufficient to suppress the opponent’s resistance.In the collection behavior that infringes on mental health,the minimum limit of "harassment" is to cause serious impact on social order and surrounding neighbors,disrupting normal social order;Serious impact on the work,daily life,and social evaluation of victims;Causing serious consequences such as mental and psychological illness to the victim;Gather multiple people and engage in frequent harassment behavior;The minimum level of ’intimidation’ behavior is to create psychological fear for the victim,and the maximum level should not be enough to suppress the opponent’s resistance.In the act of infringing on freedom in debt collection,the act of "restricting the personal freedom of others" reaches the level of using tools to restrict the personal freedom of others,and conducting illegal debt collection more than three times within two years,each time lasting for more than four hours or restricting the personal freedom of others for more than twelve hours,without reaching the level of forcefully causing the victim to lose their freedom of movement;The act of "invading someone else’s house" reaches the level of criminal offense of illegal invasion of the house,and the "tracking" behavior is aimed at at at least two independent tracking behaviors carried out by the same victim within the legal period,to the extent that the victim falls into psychological fear and affects the victim’s freedom of travel.In the collection behavior of property infringement,the "violence against property" collection behavior has resulted in substantial damage to property and reached the level of fear for the victim,excluding the value or amount of huge property.