The debt that be defaulted is sometimes by force of but wait for objective reason, also have intended act shamelessly or the reason with malcontent psychology. Square to be being defaulted and character, ought to distinguish treat, adopt chase after differently demand kind;
But, why to no matter use,plant means, small make up suggest to chase after all the time benefit of fair do one's best is carried when demanding payment for goods, namely legal approach, and the means that does not relieve through illicit force uses menace to threaten namely wait for violent means;
A lot of people won't adopt violent means to chase after directly commonly incur debt; But often use in force and nonviolent a few steps between will chase after denounce, for instance, go to debt person company or the sit quietly in the home, dog wait for behavior, this behavior is limitted to be now " weak force " .
Procuratorate of top people court, top people, the Ministry of Public Security, judiciary is promulgated " carry out about dealing with " weak force " criminal case the opinion of a certain number of problems " (next weighing " opinion " ) , carry out since April 9, 2019, this opinion has the following content:
1, limitted He Wei " weak force "
The opinion decides clearly: "Weak force " it is to show behavior person is seek illegal profit or form illegal influence, perhaps undertake in concerned place to other mobbish, pester, fool be troubled by, gather a crowd go to situation, enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, affect normal life, job, production, management illegal crime resort.
2, " weak force " expressional form has:
The 2nd set weak force expression form of the opinion:
The 2.1 measures that violate person right, democratic right, property right, include but not be confined to dogs stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait;
The method of 2.2 disturbed and normal lives, job, production, management order, include but not be confined to invades other house illegally, destroy living facilities, setting word of the life obstacle, gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, labour of the block that block the door up, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, management place;
The method of order of 2.3 disturbed societies, include but not be confined to places field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait;
2.4 other accord with original idea to see the first regulation " weak force " method.
Through website sth resembling a net or communication tool is carried out, accord with original idea to see the illegal crime shift of the first regulation, ought to maintain for " weak force " .
To afore-mentioned behavior, law basically is to be aimed at for seek illegal profit or the regulation that form illegal influence and punish into law of carry out a death sentence accordingly.
Opinion the 4th, because carry out,still set the 5th times respectively to the 8th " weak force " corresponding criminal law punishment.
3, chase after incur lawful debt, use " weak force " whether can be you punished by criminal?
Opinion eleventh the 2nd regulation: . . . . . . . Because legal liability, marriage loves oneself and close relative, the folk such as dispute of family, neighborhood is contradictory and employ, incite, did not cause serious consequence, general nonfeasance crime is handled, but the except that check via concerning a branch to criticize or still continues to carry out.
According to afore-mentioned regulations, ask an attention: Even if legal liability, if use weak force to chase after,denounce, if concern a branch to criticize what check or still carry out after punishment, also can be punished by criminal.
Citing: Incur debt to chase after before, in debtor office or home guard is going back on his word not to go, very much perhaps person holds the office, workshop, management place, after debtor calls the police, the police can come to handle, will chase after those who incur debt via if be debtor,enquiring, general meeting is persuaded paid no attention to;
Or police on the spot oral check, these people that seek debt can leave; But after waiting for a police to leave, these people that seek debt can come back again, debtor calls the police again, after the police came, understanding is before same situation, general also won't put on record, oral after persuading, end up with nothing definite.
So after this opinion is carried out, if use " weak force " after chasing after the criticism of person classics police that incurs debt to check, still carry out, offend possibly criminal law, be adopted thereby criminal measure. For this, small make up remind here: Use general strength to relieve means to safeguard his rights and interests as far as possible, force of not informal illicit relieves measure, lest oneself rights and interests gets,damage.
Add: Procuratorate of top people court, top people, the Ministry of Public Security, judiciary is promulgated " carry out about dealing with " weak force " criminal case the opinion of a certain number of problems " full text [collect please]
Procuratorate of top people court, top people, the Ministry of Public Security, judiciary is carried out about dealing with " weak force " criminal case the opinion of a certain number of problems
[issue a section] top people court, top people procuratorate, the Ministry of Public Security, judiciary
[issue date] 2019 [executive date] 2019.04.09
[sex of effectiveness for a given period of time] active and effective [effectiveness level] judicatory explains property file
[code category] criminal case administer
Fulfil to be carried out deep in the center of sweep about beginning black the decision-making deploy that divides evil special accuse and denounce at a meeting, procuratorate of proper understanding and courtyard of civil code of applicable and top person, top people, the Ministry of Public Security, judiciary " about handling case of crime of black vicious power the directive opinion of a certain number of problems " (the law sends 〔 2018 〕 1, the following abbreviation " directive opinion " ) about be being used to penalizing lawfully " weak force " the regulation of executive crime, handle relevant crime case lawfully, basis " criminal law " " criminal procedural law " reach document of concerned judicatory explanation, normative sex, offer following opinions:
One, " weak force " it is to show behavior person is seek illegal profit or form illegal influence, perhaps undertake in concerned place to other mobbish, pester, fool be troubled by, gather a crowd go to situation, enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, affect normal life, job, production, management illegal crime resort.
2, " weak force " illegal crime method normally expressional form has:
(one) the measure that violates person right, democratic right, property right, include but not be confined to dogs stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait;
(2) the method of disturbed and normal life, job, production, management order, include but not be confined to invades other house illegally, destroy living facilities, setting word of the life obstacle, gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, labour of the block that block the door up, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, management place;
(3) the method of disturbed society order, include but not be confined to places field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait;
(4) other those who accord with original idea to see the first regulation " weak force " method.
Through website sth resembling a net or communication tool is carried out, accord with original idea to see the illegal crime shift of the first regulation, ought to maintain for " weak force " .
3, behavior person is carried out " weak force " , have one of following state, can maintain make for enough other produces scared, panic to form then psychology enforces or it is freedom of person of enough influence, limitation, normal to endanger person belongings safety to perhaps affect the life, job, production, manage:
(one) black vicious power carries out;
(2) carry out with name of black vicious power;
(3) Ceng Yin organization, leader, play gangdom character group of crime of organization, vicious power, vicious power and because force to trade, imprison illegally, blackmail, gather a crowd after the crime such as affray of affray, provoke has sufferred criminal to punish, carry out again;
(4) carry lethal weapon to carry out;
(5) organically carries out or enough makes other thinks violent, menace has real possibility;
(6) other enough makes other produces scared, panic to be formed then psychology enforces or it is freedom of person of enough influence, limitation, normal to endanger person belongings safety to perhaps be affected the life, job, production, case that manage.
Carry out by much person, fictional or bright show experience of violent illegal crime to undertake threatening, or with signing up organization, head oneself date, unified move is installed, show tattoo the skin, special label and other bright show, allusive means, enough makes other feels relevant behavior have constituent sex, ought to maintain for " carry out with name of black vicious power " .
Carry out by much person, only should partial behavior person is accorded with this the first (one) to (4) what list case, this hold water namely.
Although specific carry out " weak force " behavior person is not accorded with this the first (one) , (3) what list case, but employ person, the person that incite or get together person accord with, this hold water.
4, " weak force " the method is belonged to " criminal law " the 294th the 5th (3) " characteristic of behavior of gangdom property organization " and " directive opinion " the 14th " vicious power " in the concept " other measure " .
5, use " weak force " method, make other produces psychological fear to perhaps form psychology to enforce, belong to respectively " criminal law " of the 226th regulation " minatory " , " criminal law " the 293rd the first (2) of the regulation " threaten " , accord with other crime to make important document at the same time, ought to trade in order to force respectively blame, provoke affray blame convictions punishment.
" about dealing with statute of comfortable use of case of provoke affray criminal the explanation of a certain number of problems " in reaching the 4th the 2nd times " for many times " ought to understand commonly to provoke affray behavior is carried out 3 times inside 2 years above. 3 times behavior of above provoke affray includes the action of same category already, also include the action of distinct category; Include to did not get the act that administration punishs already, also include to already got the act that administration punishs.
6, organically for many times short time locks another person illegally, ought to maintain for " criminal law " of the 238th regulation " strip illegally with other method other person is free " . Lock another person illegally 3 times above, every time duration is in 4 hours of above, imprison time of other accumulative total illegally perhaps to be in 12 hours of above, ought to punish with imprisoning a blame illegally to conviction.
7, with " weak force " the method is entered illegally or stop of other residence, ought to maintain for " criminal law " of the 245th regulation " invade other house illegally " , accord with other crime to make important document at the same time, ought to punish with invading residential blame illegally to conviction.
8, it is a purpose with detinue, use " weak force " the method asks for state-private property forcibly, accord with at the same time " criminal law " the other crime of the 274th regulation makes important document, ought to conviction with blackmail blame punishment.
" about dealing with statute of comfortable use of blackmail criminal case the explanation of a certain number of problems " the 3rd in " the blackmail inside 2 years 3 above " , include to already got the act that administration punishs.
9, use " weak force " method, form two kinds of above to commit a crime at the same time, lawfully according to punishment more serious crime convictions punishment, law has formulary except additionally.
10, see the 5th according to original idea, the 8th regulation, the behaviour that penalizes to already getting administration investigates criminal duty, the administration that gets before for the person all right detains punishment to ought to be folded reach prison term, amerce ought to be touched buckle fine.
11, employ, incite other to use " weak force " the method forces to trade, blackmail, form force to trade of blame, blackmail blame, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime.
The debt that does not get legal protection for strong demand or because of other and illegal purpose, employ, incite other to use " weak force " freedom of person of illegal privative other forms the method to imprison a blame illegally, invade affray of other residence, provoke illegally perhaps, form what invade residential blame, provoke affray blame illegally, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime; Because legal liability, marriage loves oneself and close relative, the folk such as dispute of family, neighborhood is contradictory and employ, incite, did not cause serious consequence, general nonfeasance crime is handled, but the except that check via concerning a branch to criticize or still continues to carry out.
12, this opinion applies since April 9, 2019.
