Research On The The Difficult Problems Of Crime Of Collecting Illegal Debts

The crime of collecting illegal debts is a new crime added by the Criminal Law Amendment(XI).This paper conducts a theoretical analysis of some difficult issues of the crime of collecting illegal debts for reference of judicial practice.The whole paper is divided into three chapters:Chapter 1,defines the illegal debt of this crime.Illegal debts of this crime are monetary debts arising from mandatory law provisions or seriously breaching public order and morals.Fundamentally,illegal debts have the nature of debts.Fictitious debts do not belong to the illegal debts in this crime.Collecting legitimate debts and natural obligations that do not constitute other crimes is not guilty.Chapter 2,behaviors of this crime are discussed.The object of the crime of collection of illegal debts is limited to the debtor,and if the object is a relative of the debtor,it may constitutes the crime of instigating quarrels.The violence of the crime of collecting illegal debts does not require that others cannot resist,nor does it require that a certain result of injury be achieved,as long as the unlawful exercise of tangible force on the human body.The intent of violence is at least to cause physical pain to another person,but also includes the intent to injure.If violence committed with the intent to injure results in minor injury or more,the act also constitutes the crime of intentional injury according to the principle of Imaginative joinder of offenses.Coercion and intimidation have the same meaning in the context of this crime,and both refer to the broad sense of notice with evil,so there is no need to make a distinction.Restriction of personal freedom is less severe than deprivation but includes denial of personal freedom.Commit this crime as serious as deprivation of personal freedom,while constituting the crime of illegal detention.Intrudes into residence of others are limited to the debtor’s residence.The act of trespassing into the house of a relative of the debtor can only constitute the crime of illegal trespass to house.Stalking is a persistent and disturbing approach to the victim,and harassment is a repeated act that disrupts the peace of the victim’s life;stalking and harassment must be fearful of constituting this crime.Chapter 3,the standards of serious circumstances for this crime,which shall include:(a)committed before the public in a public place;(b)committed repeatedly;(c)committed in organizations;(d)deprived the personal freedom of another person for a total of twelve hours or more,or restricted the personal freedom of a single victim for a total of twelve hours or more;(e)stalked or harassed another person for more than fourteen days;(f)committed violence resulting in slight injuries to more than one person;(g)caused another person to suffer serious consequences such as mental disorder or suicide.