Qualitative Study On The Behavior Of Debt Collection In The Forced Arrears Of Far Excess Debt By Hu Et Al. Clinical Application Of Extortion

Crime of illegal detention for debts belongs to the crimes which are violate people's personal rights and poverty rights,this kind of crime will do great harm to the society,from the perspective of judicial practice,the behavior of illegal detention always with the subjective intent of repayment of debt,it's rare to detain others in the reason of limiting others' personal rights,at the same time,it's common to see the perpetrator detain others for debts.There are more problems and troubles about the crime of illegal detention for debts,the crime of illegal detention for debts is easy to be confused with other crimes(crime of illegal detention for debts compared with robbery crime,offence of extortion by blackmail),in judicial practice,there may be different verdicts in similar cases,and there is a big dispute in the process of handling the case.This paper analyzes the difficult problems in the application of the crime of illegal detention for debts by one case,in particular,the paper deeply analyzes the constitutive conditions of illegal detention for debts and the characteristics of the crime of racketeering in debt collection behavior.This paper takes Hu's case of illegal detention and extortion as an example,to explore the nature of Hu's acts of detaining victim for debt collection,beating,abusing and forcing victims to write large arrear,and put forward my own suggestions on how to effectively prevent the occurrence of the crime of illegal detention for debts.This paper is divided into four parts:The first part,the basic situation of the case.This section introduces the cause,the presentation of the case,the divergence of views and the focus of the case.For the perpetrator Hu's illegal detention of the victim Gan and forced him to write down the large arrears,there are some different views about his behavioral characterization: the first opinion holds that Hu constitutes a crime of robbery;the second opinion holds that Hu constitutes a crime of illegal detention;the third opinion holds that Hu constitutes the imaginative joinder of offenses of illegal detention and the crime of extortion;the fourth opinion holds that Hu constitutes a crime of kidnapping.Combining the above four opinions,the paper focuses on: Hu's behavior of beating,abusing and forcing victim Gan to write down large amount of the arrears for debt collection,is it the crime of robbery,illegal detention,racketeering or kidnapping,is it multi-crime or single crime.The second part,the legal analysis of related problems.First of all,analyze the crime object of robbery and the characteristics of "taking money on the spot",define whether the default is the object of robbery,distinguishing the crime of robbery and extortion by analyzing the characteristics of "taking money on the spot".Secondly,this paper analyzes the constitutive conditions and identification of the crime of illegal detention for debts,concrete analyze how the subjective purpose of the perpetrator is judged,and to determine debt in the crime of illegal detention for debts.Thirdly,to identify and analyze the crime of extortion in the crime of illegal detention for debts,and concrete analyze of the characteristics of racketeering in illegal detention for debts.At last,analysis of the number of offences for which detention for debts and the amount claimed is significantly higher than the amount of the debt,I the circumstance of perpetrator who detains victims and claim higher amount of debt,is his behavior constitute of simple crime(offence of illegal detention or the crime of extortion)or imaginative joinder of offenses(illegal detention and the crime of extortion).The third part,analysis and conclusion of this case.Through the previous discussion of the relevant legal issues,after analysis to draw the following conclusions: Hu's actions do not constitute a crime of robbery;Hu's behavior constitutes an imaginary joinder of offenses between the crime of illegal detention and the crime of extortion,and eventually convicted for the crime of extortion.The forth part,enlightenment from the study of this case.Mainly includes the following aspects: standardizing the private debt collection organization;Improve execution efficiency.