The Criminal Regulation Of Exercising Creditor's Rights Improperly

In recent years,with the increasing frequency of economic activities,debt disputes have emerged in endlessly.In judicial practice,creditors have realized their claims by illegal means such as "robbing people" or "robbing money".Although article 238,paragraph 3,of the Penal Code classifies such acts as offences of unlawful detention,they do not clearly define the meaning of "debt" and "other persons" therein and do not limit the scope of the subject of the claim,The Supreme people's Court promulgated on July 13 th 2000 a resolution on how to convict the illegal detention of others in order to claim debts that are not protected by the law.Debt not protected by law,such as usury and gambling debts,is also included in the scope of "debt" in paragraph 3 above,but it is not clear whether other illegal debts are also included in this category,It is difficult for the judicial organs to form a uniform standard of application in practice,and even the phenomenon of different judgments in the same case appears,which greatly affects the judicial justice.There is still controversy over whether the property crime is established or not,and the relevant judicial interpretation provisions are also very weak.It is difficult to carry out an accurate and effective legal evaluation of the crime in practice.It is not enough to deal with the real cases in social life.In view of this,the author chooses The subject is further studied.This article is about 30,000 words,mainly from the following three parts to explore the behavior of improper retroactive creditor's rights:The first part is the historical and extraterritorial investigation of illegal debt collection.It introduces the ancient legal system of creditor's rights,debt performance and the legal regulation of such acts outside China.To provide reference for the improvement and development of Chinese law in this field in the future.The second part is the interpretation of the connotation of the illegal detention ofdebt,respectively,the author discusses the nature of debt,the subject of debt,This paper focuses on the scope of the object and the understanding of "the law does not protect the debt".The third part is the qualitative analysis of the behavior of "robbing money".This part mainly discusses whether the crime of property is established or not,taking the most typical means of property crime as an example,starting from the angle of infringement of legal interests.This paper discusses whether the behavior of "robbing money" for debts infringes on the legal interests of the protection of property crimes;secondly,it explains the connotation of "the purpose of illegal possession" from the subjective elements,and probes into whether the perpetrator has the purpose of "illegal possession" in such acts.