Empirical Research And Theoretical Retnterpretation On Judicial Determination Of The Crime Of Collecting Illegal Debt

With the rapid development of modern economy and the vigorous development of all walks of life,the demand for funds has increased,and at the same time,illegal financing,illegal loans and illegal collection crimes related to funds have also been bred.In particular,the state has carried out special activities to "wipe out evil" and found that illegal debt collection crimes are rampant.Therefore,the state has adjusted its criminal policy and established the crime of collecting illegal debts in accordance with the actual needs of society,the situation of economic development and the requirements of the people for the rule of law.In recent years,because of the crime caused by the collection of illegal debts,the courts have dealt with it in different situations and sentenced different charges.For example,the crime of trespassing into the house if it violates the peace of the house,the crime of picking quarrels and provoking trouble if it arbitrarily strikes others.In order to unify the law application of such criminal acts,the state has established the crime of collecting illegal debts.However,in judicial practice,because each criminal act is different,the consequences of the crime are different,and the circumstances are different,there are still different judgments on the treatment of such criminal acts.This paper summarizes and improves some controversial points in judicial practice,and puts forward personal opinions.This paper is divided into three chapters.The first chapter is mainly about the theoretical disputes on the judicial identification difficulties of the crime of collecting illegal debts,and expounds the scholars’ different views and opinions on the scope of illegal debts.The second chapter is mainly based on the judgment documents,descriptive analysis,statistical analysis,the content of the judgment documents,the conviction basis,to discuss the judicial recognition rules,characteristics and rules of the crime of collection of illegal debt.The third chapter mainly reflects on the judicial recognition rules of the crime of collection of illegal debt,and analyzes the existing problems,so it puts forward personal opinions on the judicial recognition rules of the crime of collection of illegal debt.