Research On The Determination Of The Objective Aspects Of The Crime Of Collecting Illegal Debts

The legislature added the crime of collecting illegal debts and set relatively low statutory penalty,which embodies the preventive function of criminal law and conforms to the policy of light punishment in our country.The addition of this charge not only provides legal support in punishing the collection of illegal debts by violence,but also fills the gap in the criminal field in the collection of illegal debts by soft violence,this is of great significance to the regulation of illegal collection.However,the language adopted by the legislator in the enactment of the law is highly summarized,so that in the process of judicial application,the objective aspects of the crime of collecting illegal debts still need to be fully studied and clarified.The addition of crimes is to respond to the hot issues in social practice,better regulate crimes,and warn crimes,but there are many disputes in the application process,it is necessary to explain the illegal debts,illegal collection actions and serious circumstances in the articles.This paper mainly divides into three parts: the first part is carries on the introduction to the collection illegal debt crime case,the analysis case fact,the summary dispute spot,there are three problems in the determination of the crime of collecting illegal debts: the lack of restriction on the scope of illegal debts,the formalization of the determination of illegal collection,and the generalization of the serious circumstances.The second part is the analysis of the causes of the problems in the objective aspects of the crime of collecting illegal debts.The provisions of the criminal law are highly generalized,and the connotation and extension of the illegal debts,illegal collection acts and serious circumstances are not clear,the lack of a clear definition of the scope leads to the crime of collecting illegal debts in the application process is not clear.In the third part,the author puts forward some suggestions on the determination of the objective aspects of the crime of collecting illegal debts,and clarifies the scope of the illegal debts,usury shall be judged in accordance with the latest standards of interest rates on private lending in the field of civil law,that is,four times the market quoted interest rate for a one-year loan at the time of the establishment of the loan contract,and in addition,gambling debts,drug debts and other illegal debts are also part of this crime;clearly identify the criteria for illegal collection,the provisions of the three categories of seven collection of specific analysis,the Illegal Collection Act in the crime of collecting illegal debts should be a relatively broad meaning.The author puts forward seven standards for the identification of Collection Act,which have the similarities and differences with the implementation of similar crimes To make clear the criteria for determining the seriousness of the circumstances,which is the necessary condition for constituting the crime,and to consider various objective factors of the infringement of legal interests caused by the act of collection,and to refer to the criteria for incriminating similar crimes in the criminal law,the existing provisions on the serious circumstances,the serious circumstances of this crime analysis,put forward specific considerations.