Criminal Regulation On The Behavior Of Violent Dunning For Debts

Nowadays, Property relationship is becoming more and more complex, appearing a lot of creditor-debtor relations. After considering efficiency and cost, the creditor will always abandon state power and dun for debts with the behavior of violent. On the structure of the objective behavior, the behavior of violent dunning for debts is as well as the general robbery. But the difference is that the creditor use violent behavior is based on the subjective purpose to realize his rights. And this can be forgiven in some ways. So the qualitative problem on this issue is still be debated fiercely, in the aspect of theory and practice. It is necessary to do some qualitative analysis and research on the criminal regulation on the behavior of violent dunning for debts in order do some benefit for the theory and practice.Besides preface and epilogue, this paper has the following four parts:The first part mainly introduces the social background of the behavior of violent dunning for debts. Then in order to clarify the key point, define the research scope the paper use case description and definition illustrate method to explain the core concept and characteristics of the behavior.The second part summarizes the regulations to response the behavior of violent dunning for debts overseas on the basis of consulting a large number of literature resources. Sums up the reference value on some aspects, such as seeking a balance between maintaining social order and protecting the property interests, combined with the present social development and cultural characteristics.The third part analyzes the main problems and solutions in response to the behavior of violent dunning for debts in our country. The focus is on the "purpose of illegal possession" and the actual damage of property benefit. Solved the inappropriate analysis method in theory and practice, and concluded this kind of violent behavior dunning for debts conforms the structure standards of the robbery.The fourth part makes a further discussion of the issue in the hope to cognizance robbery better in theory. Put forward the suggestions on the judicial application that use the guiding cases to response the behavior of violent dunning for debts with the unified processing standards and principles, and legal analysis.