Research On The Cognizance Of The Crime Of Arresting Illegal Debts

The new crime of collection of illegal debts is added to the 11 th Amendment to Criminal Law,which marks the beginning of the crackdown on illegal collection of illegal debts,so as to make up for the deficiencies of relevant provisions in previous laws and provide a solid legal basis for effectively cracking down on collection of illegal debts in the future.In view of this new crime,its specific protection law benefits,constituent elements,the boundary between different charges in the application is still not clear,therefore,it is necessary to carry out in-depth research,in order to more accurately define the application conditions,at the same time to analyze some theoretical disputes,in order to provide more clear and accurate guidance for judicial practice.At present,the academic research is mainly focused on the understanding of the protection interests and the establishment requirements of this crime,but no unified opinion has been reached.This paper,combined with the cases published by the China Judicial Documents Network,mainly discusses the legal interests of the protection of this crime,the understanding of the elements of the crime,the relationship with related charges,and the identification of responsibility and other issues.In addition to the introduction of the first chapter,the main text consists of four parts.Chapter two mainly analyzes the object and object of the crime of collecting illegal debts.As for the object of this crime,namely the protection law interest,the theoretical circle holds the view of complex legal interest,but the connotation is different,but from the status of the article belongs to the criminal law and the specific expression of the article,we must affirm that the protection law interest of this crime includes the social order and the personal right of the individual.As for the illegal debts generated by high-interest loans,which are the object of the crime,the interest of high-interest loans belongs to the cross category of civil punishment.In order to achieve the unification of legal norms,the standard of four times LPR should be adopted.The derivative of "etc" should be based on the same interpretation,including gambling debt,drug debt,but not including routine loans."Illegal debts" should be distinguished from "debts not protected by law".The collection of some natural debts may constitute other crimes,such as extortion,robbery,etc.,but should not be subject to the punishment of this crime.The third chapter is mainly about the identification of objective behaviors and circumstances of the crime of collecting illegal debts.The three types of behaviors stipulated in the article can be found in the existing criminal law system.Therefore,we can refer to the existing charges and consider the legal punishment to determine the behavior mode of this crime and the criteria for the seriousness of the circumstances.The identification of the first two means of behavior in this crime can be interpreted with reference to the existing provisions,while the "soft violence" means of behavior such as intimidation,tracking and harassment can be interpreted Should consider the degree of damage to the victim’s body and property by means of conduct,and the degree of infringement of legal interests should be equal to the degree of violence,coercion,illegal trespass into others’ houses and restriction of personal freedom,To be acknowledged as a crime,the criteria of "serious circumstances" must be adhered to,including the standards of criminal filing and the regulations of the Application of Law to the Handling of Cases of Picking Quarrels and Provoking Troubles: An Interpretation of Various Issues.and make a comprehensive consideration from the aspects of means,amount,frequency,damage to the victim’s production and life,but it should be pointed out that.The fourth part mainly discusses the accomplice of the crime of collecting illegal debts,and divides the phenomena in practice into two situations: lending and collecting debts and helping others to collect debts.It judges whether it constitutes a joint crime from the two aspects of having to have a common criminal intention,behavior and the recognition of "knowing" in the employment relationship,and analyzes the reality of joint crime in view of whether the employer has explicitly authorized it The problem of overdoing the limit and the problem of overdoing the limit in helping the behavior.The fifth chapter of this paper discusses the difference or relationship between the charges of collecting illegal debts,picking quarrels and provoking troubles,illegally trespassing on residence and intentional injury,and divides this crime and other related charges from the legal interests of infringement,specific behavior mode and other aspects.This crime overlaps with the four charges in terms of the provision setting,and although in the Eleventh Amendment to the Criminal Law(the second draft of the draft)deleted the provisions on criminal conjoint,but it can be seen that the attention of the provisions,even if it is deleted,it will not affect the application of judicial organs in practice,but make the application more flexible.From the perspective of practice,the crime of collecting illegal debt,intentional injury,illegal detention,and illegal trespass into other people’s house all belong to imaginary cooperation.But for the crime of picking quarrels and provoking troubles,from the point of view of legislative purpose,the purpose of adding this crime is to replace the previous practice of identifying by the crime of picking quarrels and provoking troubles,the two are opposite to each other.Therefore,the judicial department should avoid identifying this kind of behavior as the crime of picking quarrels and provoking troubles.