International Journal of Frontiers in Sociology, 2024, 6(11); doi: 10.25236/IJFS.2024.061110.
Hui Liu
People's Public Security University of China, Beijing, China
Article 34 of the Criminal Law Amendment (XI) adds the offense of collecting unlawful debts following Article 293 of the Criminal Law as a legislative practice of positive preventative criminal laws. It is necessary to define and limit the protection of legal interests, aggravating circumstances and the relationship among associated crimes because, as a new crime, its protection of legal interests is unclear, the provision of "aggravating circumstances" is unclear, and the relationship among crimes is controversial, which will increase the risk of judicial generalization. Public order is a primary concern, along with citizens' individual rights and interests as a supplement to the composite legal interests; the gravity of the situation must be reflected in the collection behavior of the substantive harm and publicity; the judgment substance should guide the relationship among pertinent crime, and it should be appropriate to fully highlight the principle of criminal responsibilities and punishment. Limiting the severity of penalties for the offense of collecting illegal debts keeps the Criminal Code from turning into a tool of social control under the positive preventive criminal law perspective, brings the Criminal Code back to its focus on freedom and human rights, as well as keeps the positive preventive criminal law perspective from turning into a radical one.
Criminal Law Amendment (XI); crime of collecting illegal debts; positive preventive view of the Criminal Law; restrictive application substantive judgment
Hui Liu. An Initial Exploration of the Restrictive Role of Criminalizing the Collection of Illegal Debts: A Proactive Preventive Criminal Law Viewpoint. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 11: 67-74. https://doi.org/10.25236/IJFS.2024.061110.
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