Research On Several Issues Of Illegal Detention Crime

In recent years,illegal detention crimes have occurred from time to time,which has seriously violated the personal freedom of citizens.However,the theoretical circles of the crime of illegal detention are quite controversial,and the judicial practice department has encountered many difficulties in identification.In order to accurately combat the criminal behavior of illegal detention of others and protect the personal freedom of citizens,it is necessary to conduct in-depth research on the crime of illegal detention.The body of this article is analyzed from the following three parts:The first part probes into the contentious issues of the illegal detention.Regarding the "temporal" and "illegal" identification and subjective aspects of the subject of the crime,the object of the crime,the behavior,and the detention,the article considers that the nature of the subject of the crime is "possible freedom" and includes in its scope both "Freedom of movement in the place" also includes "freedom of physical activity";the scope of the crime object of this crime should not be restricted;the behavior of this crime should not be strictly limited to "mandatory";Whether the conduct of detention constitutes the crime depends on whether the "intangible force" reaches a certain level;illegal acts that restrict the personal freedom of others can also constitute the crime;the length of illegal detention depends on whether the crime is established or not;Other departmental laws determine illegality and pay attention to the exclusion of "illegality";indirect intentional can also constitute this crime.This crime intentionally includes illegal knowledge,but the illegal knowledge should only be possible.The second part is the study of difficult problems in the determination of illegal detention.Regarding the debt-detaining illegal detention crime and the converted crime of this crime,the article argues that the "scope of debts" here should not include debts that are not protected by law;whether the illegal detention of excessive debts constitutes this crime should be determined bythe amount and Whether the difference between the amount of legal claims is huge;whether the illegal detention of a debt that does not actually exist constitutes this crime should be determined according to whether the actor has the purpose of illegal possession;the scope of the "object of detention" should not be limited to Restricted to the debtor himself;the scope of "targeted debts" includes,in addition to the debtor,persons who have a common property relationship with the debtor;the means of conduct cannot be factors that affect the nature of the illegal detention;Article 238,paragraph 2 of the Criminal Code should be "Violence" and "disability" in the latter paragraph are understood as violence beyond the scope of illegal detention and serious injury with severe physical disability;in terms of the nature of the converted offender,"note the rules" and "law There is something wrong with fiction.The third part is the application of punishment for illegal detention.For the punishment of severe punishment,aggravated offenses,and offenders of this status,the penalties are applicable.The article considers that the "battering and insult" stipulated in Article 238,paragraph 1,of the Criminal Law cannot be of such a degree that it constitutes intentional injury(minor injury)The extent of the crime and the crime of insult is applicable to paragraphs 2 and 3.Whether the serious injury or death caused by the victim 's suicide or self-harm is an aggravating result of “serious injury or death” shall be determined from the perspective of causality;The subjective guilty of the perpetrator on the aggravated result shall be negligence;the "state organ staff" and "use of authority" shall be identified in accordance with relevant judicial interpretations.