催收非法债务罪的司法适用限缩研究

Research on the Limitation of Judicial Application of the Crime of Collecting Illegal Debts

摘要: 催收非法债务罪是近两年才设立的新罪名，但是其在司法实务中逐渐出现了不合理的扩张适用现象，本文通过准确把握和限定催收非法债务罪的非法债务范围，可知如果是违法犯罪行为生成的债务，应当属于非法债务。基于不法原由产生的如买卖违禁物品、吸毒、赌博等债务，也应当全部属于非法债务的范围之内；其次对本罪催收行为的内涵深入挖掘，明晰该罪的入罪手段，防止仅根据催收行为的形式符合性而作有罪化认定；“情节严重”是该罪的法定构成要件，必须存在由于催收非法债务导致的侵害法益的事实，防止将没有侵害法益的事实行为认定为“情节严重”。

Abstract: The crime of collecting illegal debts is a new crime that was only established in the past two years. However, in judicial practice, it has gradually seen unreasonable expansion and application. This article accurately grasps and limits the scope of illegal debts in the crime of collecting illegal debts. It can be seen that if it is illegal Debts generated by criminal acts should be illegal debts. Debts arising from illegal reasons, such as the purchase and sale of prohibited items, drug abuse, gambling, etc., should also all fall within the scope of illegal debts; secondly, dig deeper into the connotation of collection behavior of this crime, clarify the means of incriminating this crime, and prevent the collection behavior from being based solely on the crime must be determined based on the formal compliance; “serious circumstances” are the statutory elements of the crime, and there must be facts that infringe legal interests due to the collection of illegal debts to prevent acts that do not infringe legal interests from being determined as “serious circumstances”.