Determination Of Debts In The Crime Of Debt-collecting Illegal Detention

Since the reform and opening up,with the rapid take-off of China’s economy,private debt disputes have been increasing day by day.The shortcomings of public remedies and the weak awareness of citizens’ legal awareness have caused a large number of private remedies,which wander on the edge of the law.the most common method is illegally detaining and imprisoning debtors or related persons to force others to repay their debts,the crime of "debt collection" illegal detention.However,my country’s "Criminal Law" and judicial interpretations do not provide sufficient provisions for "debt",which leads to large differences in the handling of specific cases by judicial personnel in practice,and even different judgments in the same case.Therefore,the specific meaning and scope of "debt" in the crime of "debt-collecting" illegal detention has become an important research topic in academia.The thesis uses empirical analysis as the main research method and the court’s judgment document as the basis to analyze the subjectivity and excessiveness of the judicial determination of "debt" in the crime of "debt collection" illegal detention in current judicial practice.Judicial point of view put forward suggestions to improve the determination of "debt",with a view to better resolution of related issues.The full text is mainly divided into five parts:The introduction focuses on "debt" as an important constituent element of the "debt-collecting" illegal detention crime.Research on its judicial determination has the significance of promoting scientific and accurate identification of the "debt-collecting" illegal detention crime.By studying the laws,regulations and theoretical viewpoints related to the "debt" of this crime,it is found that there are realistic disputes in the scope of debt,the object of debt claim,and the determination of excess debt,so it is necessary to regulate it from the judicial path.However,the current research focusing on the "debt" in the crime of "debt-collecting" illegal detention is slightly insufficient,and the empirical research on its judicial determination is novel and practical.The first chapter focuses on the definition of the crime of "debt-collecting" illegal detention.By introducing the historical evolution and legislative overview of the crime of "debt-collecting" illegal detention,it is explained that although the current crime has many problems such as unclear legislation and unclear application,its existence is historical and reasonable,and the definition of this crime is clarified.: The perpetrator’s subjective purpose is to claim debts,and objectively take illegal measures such as seizure and detention to deprive the debtor or its related persons of their personal freedom,and force the debtor or its related personnel to repay the debt,as the basis and basis for follow-up research.bedding.The second chapter focuses on the analysis of the status quo of criminal cases of illegal detention in Y city,S province.The thesis takes the relevant cases tried by the People’s Court of Y City in S Province as a sample in the past 5 years,and uses effective judgment documents to study the judgments of relevant cases in the region.The increase in the proportion of illegal detention crimes,and the indistinguishable ambiguity between the crimes of extortion,robbery,kidnapping and other related crimes.This should be paid attention to.Chapter Three makes a specific study on the determination of "debt" in the crime of "debt-collecting" illegal detention.Analyzing the legal provisions,theoretical disputes and judicial identification of “debt” one by one,it is found that the general form of “debt that is not protected by laws such as usury and gambling debt” in the judicial interpretation is too broad,leading to theoretical and practical circles It is impossible to draw a clear conclusion based on the existing legal provisions.Through data statistics,it is found that the judicial determination of "debt" in S Province Y City has the problem of over-expanding interpretation: over-expanding the scope of debt as "there is a reason";over-expanding the amount requested to all amounts that obviously exceed the original debt;The subject of claiming debts is over-expanded to any general subject with subjective purpose of claiming debts;the objects of detention are over-expanded to third parties who are not directly related to the debtor;the determination of the relationship between creditor’s rights and debts is overly dependent on the subjective knowledge of the perpetrator and ignored Search for objective evidence.The trend of over-expansion in judicial practice does not conform to the original intent of "debt" and is not conducive to the accurate determination of the crime of "debt-collecting" illegal detention.The fourth chapter proposes suggestions and countermeasures to improve the judicial determination of "debt" in the crime of "debt-collecting" illegal detention.In view of the problem of excessive expansion of the interpretation of the judicial determination of "debt" discovered in the previous article,this should be regulated from the judicial path,that is,reasonable restriction.The first is to clarify the scope of the debt,and the "etc" in the judicial interpretation is clearly defined as the four types of debts: illegally agreed debts,illegally caused debts,arrears debts,and debts that have expired during the statute of limitations;the second is that the claim is clearly beyond The part of the original debt amount should be determined to have the purpose of illegal possession,and the "proportion theory" and the "absolute theory" should be combined together to determine;the third is to limit the interpretation of the subject of the debt,and limit it to the creditor and the interest in the debt The fourth is to restrict the interpretation of the object of claiming debts and restrict them to the debtor and its interested parties;the fifth is to determine the existence of the creditor’s right and debt relationship,which should be determined based on the principle of subjective and objective integration,focusing on the review of objective evidence;It is the introduction of a guiding case to clearly identify the "debt" in the "debt-claiming" illegal detention crime,and reasonably limit the interpretation of the scope of the "debt-claiming" illegal detention crime,so as to meet the guilt,responsibility and punishment.