Research On The Crime Of Illegal Detention For Debts

Due to the vigorous development of socialist industry and commerce,the number of debt disputes arising from citizens’ economic activities is increasing.As one of the acts of self-reliance to achieve debts,the number of crimes of illegal detention of debts has increased,which has seriously impaired the personal rights of citizens and the development of social harmony and stability Order and smooth running of business practices.There are many difficult issues in the theoretical research and judicial determination of the crime of "debt collection" illegal detention,such as the scope of debt not protected by law,and the complexity of this crime and the crime of abduction,robbery,and extortion.Etc.,making different crimes in the same case happen in judicial practice.It is of great theoretical and practical significance to carry out in-depth analysis and systematic research on it.Based on the historical reasons for the reversal of the legal nature of the debt-holding detention behavior,this article analyzes the difficult problems of the constituent elements of the crime involved in the behavior and focuses on the difficult problems in judicial determination.The thesis is divided into four parts:The first part analyzes the reasons for the reversal of the legal nature of debt-based detention.First,introduce the domestic and foreign legislative backgrounds before and after the debtor is detained for criminal purposes,and then discuss the law of this behavior from three perspectives: the need to maintain social order and stability,the measurement of legal rights for the protection of creditor’s rights and personal rights,and the justification of private relief.The nature of the reason from innocence to guilt and the legal basis behind it.The second part analyzes the specific elements of the special crimes in the objective aspect of the crime of debt illegal detention.The meanings of "illegal seizure and detention" and "others" are two key points.First,the means of "illegal seizure and detention" must be contrary to the wishes of others,leading to the result that the debtor and interested parties’ freedom of movement is restricted.Second,the scope of "others" analyzes the advantages and disadvantages of unrestricted and restricted theory,and finally demonstrates that others should be extended to related persons who have a legal and ethical relationship with debt,such as the third person who has common property,upbringing,and fostering relationships with debtors people.The third part analyzes the specific elements of the special crime in the subjective aspect of the crime of illegal debt detention.Understand the meaning of "debt" accurately,and demonstrate that the "debt" in judicial interpretation includes the rationality of "illegal debt" and the type of "non-protected debt" except for usury and gambling debt.The fourth part is the judicial determination of the crime of illegal debt detention.It mainly researches and discusses from the boundaries of crime and non-crime,the distinction between the crime of crime and abduction,the distinction between robbery and extortion,and the identification of special forms.