Research On The Judicial Application Of Crime Of Illegal Debt Collection

The crime of collecting illegal debts is a new crime with our country’s characteristics,The specific understanding of the concept of the crime can be combined with the relevant provisions,From its criminal practice,illegal debt,criminal behavior of three aspects of the degree of harm,comprehensive grasp.The legislation has amended many contents of the crime of collecting illegal debts(including charge),so that the legislative spirit of this crime can be more accurately reflected.The establishment of the crime of collecting illegal debt effectively fills the lack of misdemeanors in the field of illegal debt collection,and is of great significance in limiting the excessive expansion of the crime of picking quarrels and provoking troubles,maintaining the stability of the principle of legal crime and responding to the warm concerns of the masses.To accurately grasp the constitutive elements of the crime of collecting illegal debts is the key to realize the correct application of the crime.From the comprehensive view of the legislative motivation,legislative spirit and the conformity of the crime,the object of the crime belongs to the complex object,among which the personal rights and the social public order are the main object and the random object respectively.Illegal debt is the debt generated by violating the prohibitive provisions of the law,which can be classified according to the violation of civil law,administrative law,criminal law and other different prohibitive provisions of the law.The determination of the means of the crime should be based on its characteristics and combined with the legislative spirit,legislative motivation,crime constitution and other aspects.The crime of collecting illegal debt is subjective to claim debt,which prevents the purpose of illegal possession.The criminal means of the crime of collecting illegal debt are highly cohesive,which is easy to cause confusion in the identification.The distinction between the crime of illegal detention,the crime of picking quarrels and provoking troubles and other similar charges should be made on the basis of correctly understanding the criminal constitution of each crime.The identification of the number of crimes of this crime is complex,there are a large number of forms of competition and cooperation,as well as a large number of forms of crimes,the identification of the number of crimes should also be based on the grasp of its constitutive elements,combined with its behavior and case facts,according to the provisions of the criminal law for scientific identification.