The normative purpose of the crime of collecting illegal debts is to achieve at the same time the tightening of the legal net and the reducing of penalties,and to protect economic order and social life order.Thus,the collection of an illegitimate debt is prohibited by criminal law because the illegality of the act of collection combined with the illegality of the debt is of such extent as to warrant the imposition of a penalty.In the construction of the crime of collecting illegal debts,the"illegal debt"plays a dual function:firstly,on the basis of illegality,it solves the problem of legislative legitimacy and tightens the legal net;secondly,on the basis of indebtedness,it solves the problem of the delimitation of the offence and reduces the penalties.The identification of the"illegal debt"requires a typological examination around the elements of illegitimacy and indebtedness.With regard to high interest lending,a distinction should be made between ordinary private lending and business lending activities,and between fund-raising,lending and fully consensual lending.With regard to gambling debts,a distinction should be made between gambling debts in the narrow sense,gambling loans and cheating on a gambling debt.With regard to fraudulent loan,a distinction should be made regarding whether the perpetrator actually delivers the principal amount to the victim and whether the victim is self-responsible.
关键词
催收非法债务罪/非法债务/高利放贷/赌债/套路贷
Key words
crime of collecting illegal debts/illegal debt/high interest lending/gambling debt/fraudulent loan
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