The Understanding And Application Of The Crime Of Collecting Illegal Debts

Reasonable determination of the scope of punishment for the crime of collecting illegal debts is inseparable from a correct understanding of the legal interests it protects.According to the position of the crime of collecting illegal debts in the criminal law and the content of the provisions,the legal interests of the crime of collecting illegal debts are compound legal interests.The main legal interests are social public order,and the secondary legal interests are the personal rights of citizens,including personal safety and personal rights.Basic personal rights such as freedom,home peace,and peace of life.Behaviors must violate personal rights and social public order at the same time before they constitute the crime of collecting illegal debts.The illegal debt collection behavior of the perpetrator not only disturbs the public order,but also has to reach a serious degree in order to constitute the crime of collecting illegal debts.Obviously,the establishment of the crime of collecting illegal debts requires serious disruption of public order.Illegal debts are debts that violate the prohibitive provisions of the law on the premise that the parties have formed the agreement of the debt.Among them,usury refers to private loans whose borrowing interest rate is significantly higher than the upper limit of the interest rate stipulated by my country's laws,regulations and regulatory documents.Specifically,it refers to high-interest loans with an interest rate exceeding 4 times the LPR.The gambling debts in the criminal law should be determined based on the nature of the legal act of gambling.The main consideration is whether the gambling participant's intention is true and whether the winning or losing of gambling is accidental.In the name of gambling,“gambling debts” formed by fraudulent practices should not be regarded as “illegal debts” in the crime of collecting illegal debts.Illegal collection of such debts should not be punished with the crime of collecting illegal debts.Those who constitute other crimes shall be punished with corresponding crimes.The violence of the crime of collecting illegal debts should be violence in the broadest sense.It includes not only violence against people but also violence against objects.It is not necessary to suppress the opponent's resistance.The coercion of the crime of collecting illegal debts is a broad sense of coercion,which refers to all behaviors that are used for the purpose of fearing others and are notified of evil.Restricting personal freedom means that others lose their freedom of movement in places,but they do not necessarily lose their freedom of physical activity.The degree of control over others' personal freedom is lower than the deprivation of personal freedom.The intrusion into the house in the crime of collecting illegal debts is the same as the intrusion into the house in the crime of illegal intrusion into the house.The intimidation of the crime of collecting illegal debts refers to the act of informing others of evil by threatening words or indirectly acting on others to make others fearful.In addition to the debtor himself,the "other person" in the law also includes persons who can influence whether or not to fulfill the debt.The constitutive element of "serious circumstances" is highly abstract and general.In order to better implement the principle of statutory crimes and punishments,the judicial organs need to focus on the extent to which criminal acts infringe on the legal interests of the crime of collecting illegal debts,combining methods,methods,and number of acts.,Duration,and the consequences of damage caused.The crime of collecting illegal debts and the crime of intentional injury are imaginary concurrent crimes.When collecting illegal debts illegally,the perpetrator uses violence or coercion to cause minor injuries to others,which constitutes the crime of collecting illegal debts and the crime of intentional injury.It belongs to the imaginary joint criminal,and is convicted of the crime of intentional injury from the one serious crime.The crime of collecting illegal debts and the crime of extortion or robbery are antagonistic and mutually exclusive.If the debts used against the debtor by violence or coercion are “excess debts”,depending on the degree of the means,the crime of extortion or robbery may be convicted.At this time,the perpetrator's criminal purpose is transformed into the illegal possession of other people's property,and the crime of extortion or robbery is punished according to the principle of subjective and objective consistency.With regard to fictitious debts,since they are not in the category of illegal debts,the use of violence and coercion methods to collect such debts is not necessarily the crime of collecting illegal debts.Depending on the degree of violence and coercion,the crime of extortion or robbery may be convicted.In the process of illegal collection of illegal debts,restricting the personal freedom of others(to the extent of depriving personal freedom)in the collection of illegal debts at the same time violates the crime of illegal detention and the crime of collecting illegal debts,which is an imaginary joint crime and is punished from a single felony.Unlawful intrusion into a house to claim illegal debts is a crime of illegal intrusion into a house and the crime of collecting illegal debts.It is an imaginary joint offender.In accordance with the principle of punishment for an imaginary joint offender,it shall be punished as a felony.Illegal collection of unlawful debts and other natural debts that are not protected by law,as well as the behavior of continuing to force legal debts after being criticized by the relevant authorities for stopping or handling punishments.Although it is not appropriate to be punished by the crime of collecting illegal debts,it may still be guilty of the crime of quarreling and provoking troubles,etc.Other charges.On the premise of consistent means and behavior,the nature of debt is the key to distinguish between the crime of collecting illegal debt and the crime of creating disturbances.