催收非法债务罪的检视探析与司法适用

Review and Analysis of the Crime of Collecting Illegal Debt and Its Judicial Application

摘要: 自《刑法修正案(十一)》颁布以来，催收非法债务罪便成为了学界与实务界持续关注的对象。不同于寻衅滋事罪，催收非法债务罪在犯罪动机方面事出有因而非随意、任意，在法益侵害方面对人身法益的侵害更为显著。为了防止实践中迎合新罪设立而扩大适用的倾向，需要对催收非法债务罪进行限缩思考，以实质性解释为路径指引，将法益损害轻微的催收行为作为出罪事由，在行为认定的过程中关注人身法益的同时兼顾公共秩序法益，多层次厘定非法债务的实然范围，以期达到立法规制的原意。

Abstract: Since the promulgation of the 11th Amendment to the Criminal Law, the crime of collecting illegal debts has become the object of continuous attention of the academic and practical circles. Different from the crime of picking quarrels and provoking troubles, the crime of collecting illegal debt has cause in the aspect of criminal motive rather than random and arbitrary, and the infringement of personal legal interest is more significant in the aspect of legal interest infringe-ment. In order to prevent the tendency of expanding the application to meet the establishment of new crimes in practice, it is necessary to think about the crime of collection of illegal debts in a lim-ited way. Guided by the path of substantive interpretation, the collection behavior with slight legal interest damage should be taken as the cause of crime. In the process of behavior identification, the real scope of illegal debts should be determined at multiple levels by paying attention to the inter-ests of personal law while taking into account the interests of public order law, in order to achieve the original intention of legislative regulation.