Misunderstandings in judicial application of the crime of collecting illegal debts and their correction
The crime of collecting illegal debts is a crime added in the"Eleventh Amendment to the Criminal Law of the People's Republic of China".In the process of judicial application of this crime,there are problems such as the possibility of analogical application of illegal debt types,formal identification of collecting behavior and different application standards for the retroactivity of the crime.In this regard,a substantive interpretation method should be adopted to clarify the specific types of illegal debts and exclude the analogical application of the illegal debts;based on the Nulla poena sine lege,and based on the standard of substantial infringement of legal interest,the applicable field of collecting behavior should be clarified;the social harm of the behavior should be excluded to avoid the interference in the application of retroactive effect of crimes,and the applicable standard of the retro-active effect of"following both the old and the lighter"should be abided by.
crime of collecting illegal debtssubstantive explanationNulla poena sine legeretroactive effect
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