Violent debt collection, illegal and criminal acts:
1. Those who block doors and pose to disturb social order, public order and traffic order shall be given administrative punishment according to Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
2. Those who affray, beat others at will, damage or occupy public or private property at will shall be given administrative punishment according to Article 26 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
3. Those who illegally restrict the personal freedom of others and invade others' houses shall be given administrative punishment in accordance with Article 40 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
4. For the long-term stalking of debt collection, sending insults, threats or other information many times during the tracking process, interfering with the normal life of others; Anyone who peeps, takes candid photos, eavesdrops or spreads others' privacy shall be given administrative punishment according to Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
5. Whoever beats others or intentionally hurts others' bodies and infringes upon citizens' personal rights shall be given administrative punishment in accordance with Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
6. Whoever intentionally damages public or private property by smashing objects or other methods shall be given administrative punishment in accordance with Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If a crime is constituted, criminal responsibility shall be investigated according to law. ?
7. Whoever illegally hijacks or detains others in order to obtain debts, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Extended data:
Case:
Violent debt collection! Many men in Haikou smashed Mercedes-Benz in broad daylight.
Although it is understandable to pay back debts, it is really not advisable to disturb social order by violent debt collection. Mr. Liu of Haikou was publicly molested by many men in broad daylight because of his debts. It is illegal for the other party to smash the vehicle, but Mr. Liu chose to let go instead of calling the police. Lawyers said that violent debt collection and car smashing seriously disrupted social order, and suggested that parties to debt disputes negotiate or take legal channels.
It is understood that Mr. Liu opened a building materials ceramic shop in Xinhua Ceramic Market, Chengxiheng Road, Chengxi Town, Longhua District, Haikou City. Due to a debt dispute with others, the creditor failed to collect debts many times, and the other party smashed a Mercedes-Benz parked in front of the store.
What Mr. Liu was smashed was a white Mercedes-Benz E-Series. The reporter observed that many holes were cut out of the car body by an axe, and the front and rear windshields were smashed out. The window glass of the co-pilot was completely smashed, leaving a lot of glass fragments on the seat.
Although the car was smashed, Mr. Liu did not choose to call the police, did not go forward to stop it, and did not want to talk more. According to insiders, there are three suspects who smashed Mr. Liu's vehicle. They hacked fiercely with machetes and axes.
In view of the violent debt collection behavior of Mr. Liu's Mercedes-Benz being smashed by creditors, Zhao Liang, a lawyer of Hainan Jingyuan Law Firm, suggested that the parties concerned should call the police immediately and then assess the losses. When the loss is large, the creditor constitutes the crime of intentionally destroying public and private property. Zhao Liang said that it is normal and legal to realize creditor's rights through legal channels, which should be advocated and supported by the society.
References:
Baidu Encyclopedia-Public Security Administration Punishment Law
References:
People's Daily Online-Taiyuan will crack down on violent debt collection.
References:
People's network-violent debt collection! Many men in Haikou smashed Mercedes-Benz in broad daylight.