Is it true that Fangchi Credit sent a message to visit at home?

As far as the actual collection situation is concerned, this kind of short message saying when to come to the door is generally false, and it is a statement of the collection platform, mainly to put pressure on the collectors. After all, door-to-door collection is more difficult than telephone collection, especially in different regions, so this kind of collection is rare. In addition, there are restrictions on collection methods and behaviors. There used to be many home visits, but now it has decreased a lot. The crime of illegal debt collection is an additional crime in the 11th Amendment to the Criminal Law, which is used to regulate the illegal debt collection caused by high-interest loans by means of violence and "soft violence", and it has been implemented since March 1 year.

key component

1, illegal debt and illegal collection.

The legal interest protected by the crime of collecting illegal debts is the normal property transaction order, so whether debts and collection activities have destroyed this transaction order should be used as an evaluation standard, such as paying debts for illegal reasons such as prostitution and gambling. The debts arising from usury should be determined according to the loan interest rate. When the interest rate is lower than the standard stipulated by the civil law, it is a normal property transaction and cannot be assessed as illegal debt because it does not break through the prohibitive provisions of the law.

When the limitation of action expires, the debts formed when both parties bet shall be excluded from the illegal debts stipulated in this crime. The debt in the above two cases belongs to the gray supervision zone under the normal property transaction order, and the law neither explicitly opposes nor encourages it, so the criminal law should remain modest.

2. Identification of violence and soft violence.

Because the legal interests protected by this crime belong to the dimension of public order, the determination of violence should not be enough to suppress the victim's resistance, and the victim still has the freedom to decide whether to pay the money. If the violence of the collector is enough to suppress the resistance of the victim, it should be evaluated as a violent means of property crime. For the identification of soft violence, when collectors carry out harassment, stalking and other acts, it should also be enough to disturb public order.