Number Of Problems On Illegal Confinement In Claiming Debts

In recent years, with the development of social economy and business trade more frequently, debt disputes more and more. Rich rational creditors in for debt through normal way to realize creditor's rights, even take private aid force means can accurately scale. And part of the creditors in their interests of the creditor's rights are infringed upon, the legal consciousness or behalf hopeless, often because of the extreme means, through illegal held hostage in order to achieve the purpose of for debt. Therefore, it is the case of the hostages kidnapped for debt due to particular cases occur frequently, and complicated, so in the judicial practice of this kind of case, and there was a big difference with necessary to further analysis and discussion.The first part is discussed in this paper on behalf of illegal detention of qualitative problem. Sin First introduced the illegal detention of sin in behalf of the western countries in the legislation of our country history and status. QianZhaiHaiQian perfectly justified, this point of view can be traced back to the earliest ancient Rome, then behalf type illegal detention act doesn't constitute crimes. With the development of society and the rule of law, the national laws in the different historical period on behalf of illegal detention behavior is a crime, constitute what crime, has a different judgment standard and regulation, by the first does not constitute a crime shall be investigated for the criminal responsibility to the parties. Behalf type illegal detention behavior from the legislation encouraging to gradually into the punishment on the surface is legislative changes, but the Angle of creditor's rights to the right person and nature is a kind of protection choose again, protect already shifted from the property right person to. This change traced back, is by the property rights and the characteristics of the decision to the right person. Our country present stage related legislation although temporary solve a part of the behavior of the illegal detention behalf type qualitative problems, but its not fundamentally solved from civil debt behalf to type illegal detention sin, or even the transformation of the transformation in some ways has some of the inevitable sex. Usually the creditors in the end the aid force and means, often can choose after private aid force, and private aid force only control in a certain range is legal, once beyond the scope of the relief can trigger crime.In the second part detailed study of illegal detention of sin behalf to form. From the crime subject, detention, detention, detention time object where and how, in the process of detention and beating of crime of illicit means understanding on six aspects elaborated specifically type illegal detention of sin behalf that problem. The current law on the six problems though made the related regulations, but because not enough to cause thinning judicial practice behalf type illegal detention of sin that there is a deviation. From the crime subject to see behalf, type illegal detention sin exist alone in the form of joint crime and crime. In a joint crime, because of all the criminal suspect crime subjective purpose and meaning contact is not the same, cause the common crime cases, each suspect's conviction is different. Detention of the scope is the object of the debtor or include specific related people detained, the length of time is affect the conviction or sentencing, the moving vans can become detention site, detention way is tangible or intangible, including detention process what degree constitute a beating, sin in behalf of illegal detention of subjective determination, is directly intentionally or including indirect intentional in this part will be detailed in this paper.This paper discusses the third part of civil debt behalf type illegal detention the influence of sin. One is the civil debt to produce and the effect of illegal detention of sin behalf influence. Civil liabilities arises time directly affect the behavior of the detention, is to ask for qualitative debt of the implementation of the detention behavior or for illegal possession of the implementation of the others' property detention behavior. From the time must be in debt, from the debt before behalf that time become behalf type illegal detention the premise condition of sin. The nature and amount of civil debt affects the type illegal detention sin that behalf. This article from the nature of the debt is lawful debts, illegal debt, effectiveness, not exist defects debt debt, to cover legal form the debts of the illegal purpose five aspects in the article illustrates the properties of debt for debt control other people freedom of the person qualitative problem. The amount of the debt from the rational debt to beyond the obvious aspects such as reasonable debt, this paper expounds the amount of debt to the influence of qualitative problems. Behalf type illegal detention of crime and kidnapping in judicial practice, there are certain similarity upper, this paper finally from the crime, the parties, the relationship between the nature of the goods, ask for and meaning, such as different social harmfulness from four aspects: the difference.In judicial practice, "behalf type" illegal detention behaviors to qualitative, with only judge concrete cases, but the judgment standard the current criminal law and not very clear, different judicial personnel in the judicial process, it is very possible for the law according to their own understanding to the same behavior to make a difference in judgment, which may on behalf of "illegal detention behavior when convicted an enormous deviation. Finally the author suggest, should be in legislation clearly define type illegal detention, sin behalf to prevent law enforcement in qualitative happened on the deviation.