The Crime Of Illegal Detention Of Debt-claiming Type Was Found Guilty Problem Research

The main problem of the crime of illegal detention for debt is that in order to realize the creditor’s rights,the perpetrator takes some illegal means to realize his own intention,mainly implements the criminal act of detaining,detaining and other violent means to restrict the personal freedom of others,so as to coerce others to repay their debts.Subjectively,the actor detains the debtor for his own creditor’s rights so as to realize the creditor’s rights.The subject is usually the actor who carries out the detention behavior,or the person who has a close relationship with the actor or the person who has an employment relationship.In the objective aspect,the perpetrator takes the means not allowed by the criminal law to control the personal freedom of others,threatens the debtor to realize the repayment purpose,and mainly infringes on the debtor’s personal rights and interests.China’s criminal law has made clear provisions on the crime of illegal detention,but also clearly pointed out that the implementation of the act for the purpose of debt should be criminalized.However,in practice,the different types of debt,illegal means and subjective cognition of the actor lead to different judgments of the actual judicial organs.Because the constitution of different factors is confused with the crime of kidnapping and robbery,the crime of illegal detention should be applied instead of felony.In the determination of the crime of illegal detention for debt,the elements of "for debt" should be clearly classified.In the determination,we should not only judge whether the debt between the two parties is legal and whether there is an actual relationship between the creditor and the debt,but also consider how the actor’s subjective purpose is and whether the use of detention means is beyond a certain limit.The object should be made clear.The object of the actor’s claim can only be directed at the debtor himself,not to a third person other than the debtor.In order to grasp the essence of illegal detention for debt,so as to achieve fairness and justice in judicial practice.Therefore,taking this subject as the research object,this paper analyzes the causes,legal provisions and elements of the crime of illegal detention for debt.We should have a clear understanding of the crime of illegal detention for debt,distinguish the types of debt and strictly restrict the means of detention.In the judicial interpretation of the Supreme Court,the interpretation of "debts not protected by law" is too general and conflicts with civil legal relationship,which is also the focus of this topic.The object of detention is not clearly pointed out in laws and regulations,but in practice it is mostly a third person other than the debtor.Whether such a penalty is conducive to the development of society,in order to lose the interests of the third party to achieve other purposes.We can’t just consider the contemporary idea of "committing a crime",so as to let some criminals wander in the gray area.