催收非法债务罪“非法债务”的类型化分析——以《刑法修正案(十一)》实施后的案例为例

Typological Analysis of “Illegal Debts” for the Crime of Collecting Illegal Debts—Taking the Case after the Implementation of the Criminal Law Amendment (11) as an Example

摘要: 催收非法债务罪是《刑法修正案(十一)》新增罪名之一，“非法债务”作为本罪构成的核心要素之一，但是目前关于“非法债务”判断定性仍缺乏相应的标准。以实务案例为角度，利用类型化分析法，通过将相关实务裁判案例中涉及到的“非法债务”类型进行梳理，我们可以得出实务中“非法债务”类型可主要分为高利贷、赌债、套路贷。对三种主要债务类型以及其他债务类型进行分类讨论以得到相应的判断定性标准，从而力图解决司法实践之中存在的分类模糊定性不清问题，避免因缺乏相应的判断标准而导致催收非法债务罪入罪标准扩大化、口袋化。

Abstract: The crime of collecting illegal debts is one of the new crimes added in the Criminal Law Amendment (11), and “illegal debt” is one of the core elements of this crime, but there is still no corresponding standard for the judgment and characterization of “illegal debt”. From the perspective of practical cases, by using the typological analysis method, by sorting out the types of “illegal debts” involved in relevant practical judgment cases, we can conclude that the types of “illegal debts” in practice can be mainly divided into usury, gambling debts and routine loans. The classification and discussion of the three main debt types and other debt types are carried out to obtain the corresponding judgment and qualitative standards, so as to solve the problem of ambiguity and unclear classification in judicial practice, and avoid the expansion and pocketing of the crime of collecting illegal debts due to the lack of corresponding judgment standards.