场域性立法视阈下催收非法债务罪非法性的规范化

Standardization of the Illegality of the Crime of Collecting Illegal Debt from the Perspective of Regional Legislation

非法性构成要件要素既是判定催收非法债务罪的核心构成要件,又是厘清此罪相近罪名间关系的重要线索。在场域性立法视阈下,催收非法债务罪的非法性要素通过置于扫黑除恶政法活动背景下进行规范化构建。场域性立法解释目的区别于一般性立法解释,催收非法债务罪中非法债务要从语词渊源、语词射程、国民预测可能的维度进行限缩式规范化诠释。催收非法债务罪的非法性源于不法债务的产生不具有原因性和请求权基础。具体案件中非法性判定规则构建围绕罪性、罪量、法益三个层次渐次展开。非法性实践价值范畴体现在识别、区分催收非法债务罪与其他罪名间法条竞合关系及未来场域性立法的深远布局。

The elements of illegality are not only the core elements to judge the crime of collecting illegal debts,but also the important clues to clarify the relationship between similar crimes.Under the perspective of regional legislation,the illegal elements of the crime of collecting illegal debts are normalized under the background of anti-crime law activities to eliminate evils.The purpose of the field legislative interpretation is different from that of the general legislation.In the crime of collecting illegal debt,the illegal debt should be interpreted in terms of the source of words,the range of words and the possibility of national prediction.The illegality of the crime of collecting illegal debts stems from the fact that the illegal debts have no cause and claim basis.In specific cases,the construction of illegality judgment rules is gradually developed around three levels:crime,crime amount and legal interest.The practical value category of illegality is reflected in the recognition and distinction of the concurrence relation between the crime of collecting illegal debts and other crimes and the far-reaching layout of future regional legislation.