Analysis of the Objective Elements of the Crime of Collecting Illegal Debts

Abstract

In order to effectively regulate the repeated violent and soft-violence collection of loansharks, gambling debts and other illegal debts in social life, Amendment (XI) to the Criminal Law establishes the crime of collecting illegal debts. The establishment of this crime not only makes up for the legislative gap of "soft violence" debt collection in the field of criminal law, but also provides a solid legal support for actively combating the violent collection of illegal debts in future judicial practice, and reasonably differentiating the application of the crime. In this paper, in the context of the legislation of the crime of collecting illegal debts, combined with the judgment published on the China Judgement and Documentation Network which has been applied to the crime of collecting illegal debts, the crime of collecting illegal debts in the judicial practice of the problems and theoretical controversial part of the problem is studied. It mainly analyzes the terms "illegal debt" and "act of collection" in the crime of collecting illegal debts.