Research on Judicial Application of the Crime of Collecting Illegal Debts
DOI:
https://doi.org/10.62051/ijsspa.v10n6.14Keywords:
Crime of Collecting Illegal Debts, Illegal Debts, Debt Collection Acts, Serious CircumstancesAbstract
The Crime of Collecting Illegal Debts, introduced by the Criminal Law Amendment (XI), is not only theoretically reasonable but also meets the practical demands of current judicial practice. However, due to the short time since this crime came into effect, the lack of revised supporting judicial interpretations, and the relatively vague wording of the provisions, various controversial issues inevitably arise during judicial application. Specifically, the criteria for identifying illegal debts remain unclear, the methods of debt collection are inconsistently determined in judicial practice, and the crime overlaps in its constituent elements with related offenses, further exacerbating the ambiguity and controversy in its application."
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References
[1] Zhang, M. K. (2022). An alternative interpretation of the crime of collecting illegal debts. Political Science and Law Forum, (02), 3.
[2] Wang, J., & Xi, Y. F. (2024). Typological identification of the behavior of “debt collection” in the crime of collecting illegal debts. Criminal Research, (06), 20.
[3] Zhang, P. S. (2022). Restrictive application and path selection of the crime of collecting illegal debts. Chinese Criminal Science, (01), 158–176.
[4] Hong, H. (2022). Normative structure and judicial application of the crime of collecting illegal debts. Journal of Guangzhou Radio & TV University, 22(03), 98–106+112.
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