The Statutory Stipulation Of "Unlawful Seizure Of Debts And Detaining Others"

There is a lot of controversy among the Chinese academic community on the qualitative issue of “detaining people for illegal detention of debts”,which mainly includes: The first category,the problem of the impact of debt on qualitative,including asking for illegal debt,demanding more debt than legal claims,requesting no Existent debts,debts that are difficult to ascertain,etc.;Second,the criminal means clearly exceeds the limits of illegal detention,the problem that the target of the crime clearly exceeds the influence of the scope on the qualitative;the third category is the “illegal bond” illegal detention.The controversy over the legitimacy of the interpretation of the judicial interpretation of justice and the dispute over whether the nature of Article 238,paragraph 3 of the Criminal Law is a precautionary provision or a legal imposition.To solve the qualitative problem of such behavior,we should begin by analyzing the essential difference between the crime of illegal detention and the crime of kidnapping.By analyzing the nature of the crime of “detaining others for the purpose of illegally detaining debts”,the author believes that Section 3 of Article 238 of the Criminal Law only applies to situations in which legal debts are directly obtained from debtors.Therefore,such behavior constitutes the crime of illegal detention only if it directly obtains legal debt from the debtor.If an illegal debt is sought and the hostage threatens a third party,it shall be dealt with on the basis of other charges.