The Legal Issue Research On The Crime Of Provoking Caused By Debt Collection

As a reasonable sup·plement to China’s financial system,private lending provides funds for the development of small and micro enterprises and self-employed individuals who are unable to obtain loans from financial institutions due to their lack of credit,thus effectively addressing their demand for funds.It can be said that the existence of private lending has a positive significance for the development of market economy.However,due to the imperfection of China’s financial legal system,there is no effective legal regulation on private lending activities,which leads to a series of legal risks while private lending is booming,resulting in a series of legal problems such as picking quarrels and causing troubles and crimes caused by debt collection that often appear in recent years.This paper chooses "the legal issue research on the crime of provoking caused by debt collection" as the subject,mainly through the following five parts to discuss.Part I: Introduction.Focusing on the topic of this paper,the research background and methods are briefly introduced,and the research status at home and abroad is sorted out to find the research entry point of this paper.Part II: Overview of the crime of provoking caused by debt collection.In view of the research status and characteristics of this topic,it will be divided into debt collection and the crime of provoking two aspects of the study,the two aspects are briefly discussed.Part III: An analysis of the manifestations and causes of the crime of provocation caused by debt collection.Due to the different types of debt collection,the crime of provocation caused by debt collection also has the characteristics of typification.This part lists and analyzes different types of debt collection causing affray crimes,and then finds out the reasons for their frequent occurrence.Part Ⅳ: the extraterritorial legal experience and enlightenment of the crime of provoking caused by debt collection.Analysis and comparison the United States,Germany,Japan and other foreign regions over the debt collection and stir-up-trouble crime legislation and combined with our country’s legislation and collection industry present situation,learn law,such as collection industry standardization,troublemakers to split a conviction is good for our country’s legislation experience,such as obtaining adjust measures to local conditions.Part V: The solution to the crime of provoking caused by debt collection.Through the above analysis and discussion,the solution of this paper is given in the aspects of pre-prevention,intervention in the matter,and post-supervision,and the use of these methods to try to reduce the frequency of the occurrence of the crime of provoking caused by debt collection,and even achieve the effect of avoiding its occurrence.