浅谈催收非法债务罪的司法适用

Humble Comment on the Judicial Applicability for the Crime of Collecting Illegal Debts

长期以来高利贷的非法性在刑法规制层面缺乏明确的界定,使得实践中对催讨高利贷行为的违法性评价难以形成统一标准;催收非法债务罪的出台为精准打击高利放贷、套路贷等违法犯罪行为提供了有效路径,弥补了立法的不足,但具体适用时应当注重辨析催收非法债务罪与其他罪名的竞合与界分关系,做到定罪精准,罚当其罪。

In judicial practice,for a long time,the illegality of high interest loans has lacked a clear definition at the level of criminal law regulation,thus making it difficult to form a unified standard for evaluating the illegality of dunning high interest loans.However,the introduction of the crime of dunning illegal debts provides an effective methodology for accurately combating illegal criminal activities such as high interest loans and arbitrage loans,which makes up for the legislative disadvantages.Furthermore,when considering its practical applicability,judicial officers should attach importance to distinguishing the connection and disconnection of the crime of dunning illegal debts from other charges for giving accurate conviction and appropriate punishment for what he or she deserves.