Research On Judicial Application Of Crime Of Collecting Illegal Debt

Criminal Law Amendment(11)responded to social concerns and added the crime of collecting illegal debts under the crime of stirring up trouble.However,the crime of collecting illegal debts is controversial in the legislative process.The original intention of this crime is to strengthen the protection of legal interests and prevent improper conviction.When discussing a crime,we should first consider the legal interests protected by it.The crime of collecting illegal debts protects compound legal interests,in which the primary legal interest is public order and the secondary legal interest is personal safety.To constitute this crime,it is necessary to violate both the main and secondary legal interests.Public order should include the following two points: First,order refers to an orderly,stable and peaceful state.Second,non-public places should also belong to the category of public order.Personal safety includes the integrity and inviolability of the body,the perfection of physiological function and the health of mental state.The Criminal Law Amendment(11)stipulates three kinds of acts that constitute this crime,and violence against these three acts should only be violence against people,not including violence against objects;Coercion makes the victim afraid or unable to resist;The illegal invasion of houses can start with the provisions of Article 14 of the Law on Public Security Administration Punishment and the provisions of the crime of illegal invasion of houses,and take the median value as the quantitative factor of serious circumstances in the crime of collecting illegal debts.Threatening,stalking and harassing others,it is not appropriate to evaluate harassment as an act of collecting illegal debts,and it is suspected of improperly expanding the scope of punishment to treat harassment as a crime.To judge whether it is "serious",the behavior of the actor should be evaluated as a whole,and it is not necessary for every behavior to be serious.The subject of this crime can only be a natural person,and the object of action should be interpreted restrictively,that is,it only includes the debtor himself.This crime does not require the perpetrator to have the purpose of illegal possession.In practice,there is no clear stipulation in the existing legislation and judicial interpretation on the distinction between the crime of collecting illegal debts and other crimes and how to identify and punish the competition.For the application of the crime of collecting illegal debts in practice,we should consider how to impose penalties in addition to the qualitative aspects of conviction.The particularity of the three ways of behavior of this crime needs to be distinguished from the crime of stirring up trouble,the crime of illegal detention,the crime of illegally invading houses and the crime of organizing,leading and participating in underworld organizations.Moreover,the appearance of this crime does not exclude the application of the crime of picking quarrels and provoking trouble.When this crime overlaps with other crimes in imagination,the choice of a felony should be a felony with legal punishment in several crimes,and the sentencing should be a severe one with legal punishment in several crimes,plus 1/3 of the statutory punishment for misdemeanor.The law of this crime stipulates that "if the circumstances are serious,he shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance,and shall also or only be fined;" It can be seen that the punishment of this crime is relatively light,and how to apply probation should be considered in the process of sentencing,but this crime should be carefully considered when sentenced to a suspended sentence.The amount of the debt can be taken into account when a single penalty or a fine is imposed,and the amount can be determined according to the circumstances of the offender’s illegal collection.