Study On Judicial Determination Of Crime Of Collecting Illegal Debt

The criminal law amendment（11） adds the crime of collecting illegal debts,which brings the illegal collection of illegal debts into the scope of criminal law regulation.As a new crime,the crime of collecting illegal debts has exposed many problems in theory and practice.Starting from the theoretical point of view and the perspective of judicial practice,this paper analyzes many problems in the judicial identification of the crime of collecting illegal debt,which mainly includes three parts: first,on the identification of the constituent elements of the crime of collecting illegal debt,this paper fully discusses the complexity of its protection of legal interests,and considers that both social public order and citizens’ personal legal interests are its protection of legal interests;It mainly discusses the judicial identification of "illegal debt","collection behavior" and "serious circumstances".Secondly,on the identification of the criminal form of the crime of collecting illegal debt,through the judicial case of the crime of collecting illegal debt,this paper analyzes the joint crime of collecting illegal debt,and discusses the distinction between the principal and subordinate relationship of the joint offenders of this crime;Combined with theory and practice,this paper discusses the concurrence and several crimes of the crime of collecting illegal debt.Finally,in identifying the boundary between the offence of collecting illegal debts and other offenses,it mainly distinguishes the boundary between the offence of collecting illegal debts and the offence of violating personal rights,the offence of infringement of property rights and other offenses on the basis of the different infringements of legal interests by different offenses and similarities and differences in means and harmful results.It is hoped that the research of this document will provide some constructive advice on the judicial determination of the crime of collecting illegal debts.