Research On Crime Of Illegal Detention For The Debts

As China’s socio-economic development and commercial trade have becomeincreasingly frequent, debt disputes are more and more creditors in the interests oftheir own claims for damages, often due to weak legal consciousness or Dun inhopelessness, often by the taking of hostages, killing victims and other extrememeasures in order to hope to achieve their own claims. How the qualitative behaviorDun in illegal detention in judicial practice, both theorists or practitioners there aredifferences, in this regard, the provisions of our laws in this area are not very clear,judicial staff only in accordance with specific the situation to make judgments, oftencaused by the the codefendant different contracting phenomenon, serious damage tothe law of justice, fairness, and therefore increase of Dun in illegal detention has greatpractical significance.This article from the perspective of judicial practice in criminal law theory, theuse of comparative methods, speculative methods and normative analysis method ofthe crime of illegal detention Dun priority research questions, theoretical disputes andjudicial practice identified emerging issues a relatively clear interpretation expect thispaper Dun illegal detention of theoretical research and judicial practice have apositive impact.Paper is divided into three parts of the introduction, body and conclusion, whichbody part include the following:The first part of the problem of identification, obtain a copy of the law to protectdebt and illegal detention of the behavior of others. Focuses on two aspects of thecontroversy, these two aspects:(1) the provisions of the "debt" of the crime of illegaldetention for Dun understand how? In this paper, from the aspects of the definition ofdebt and the legal debt, illegal debt elaborate convicted of the crime of illegaldetention Dun in the accurate positioning of the debt, the significance of sentencing.(2) Request a qualitative issue of the amount of the debt beyond the actual legal andillegal detention of the behavior of others, I believe that the behavior of people ask forthe property in excess of the actual amount of the debt is too high and ask the reasonis obviously unreasonable, it should be recognized that the behavior of artificialkidnapping. The second part of this section not protected debt obtain a copy of the legal andillegal detention of others identified problems. To obtain the effectiveness of flawsdebt "," debt "does not exist," legitimate acts conceal illegitimate purposes debt "asthe starting point, through the difficult cases, elaborate on the nature of the debt fordebt crime of illegal detention qualitative the impact.The third part, the problem of identification of the detention of the illegaldetention of the debtor. Focuses on two aspects of the dispute are:(a) The detention ofthe debtor and the debtor’s repayment of the debt;(b) of the detention of the debtorand repayment of the debt to others. Clear intention to obtain a copy of the object andthe detention of the object through the discussion of two parts exactly who.The fourth part focuses on the problem of identification of the crime of illegaldetention detention of non-debtor, I believe that, as long as the non-debtor detained asa bargaining chip to obtain the so-called debt, whether it is to the debtor or non-debtorask, should the establishment of the crime of kidnapping, constitute its fullcompliance with the crime of kidnapping.