On The Criminal Problem About The Unlawful Detain For Debts

In practice, there are many cases involving unlawfully detaining anther person or depriving his personal freedom for the purpose of extorting the payment. According to the criminal law of the People's Republic of China, it is punished as the crime of unlawful detain, but there are many disputes in the theoretics and justice practice . Our criminal law regulates it as unlawful detain crime, but not very definite. In practice , we have many bifurcations in determining the nature of that sort of crime. From the research of the scholar of inner or abroad, they all see it as a appertain of the unlawfully detaining criminal. The writer will analyse the crime of unlawful detain for the purpose of extorting the payment in four parts in order to flourish the theoretics of the criminal law and proper the justice practice. In the second part, the writer exoatiates the crime in whether it should be seen as unlawfully detaining crime or kidnapping crime . In the third part, the writer analyses the number of the crimes and the penalty of the unlawful detain crime. In the fourth part , it elaborates the perfecting of the criminal legislation about the unlawful detain crime. After expatiating the four baffles, the writer considers that the unlawful detain for debt is kidnapping crime in essence. The prescribed punishment towards the kidnap criminal is severe in our criminal law ,but the unlawful detain for debt is not so serious. So the writer puts forth the advice that a paragraph in Article 239 of the criminal law regulating a scope of the prescribed punishment for "the circumstances are not serious" .Hence, the unlawful detain crime for debt is not so serious comparing to the common kidnapping crime that it should be sentenced to fixed-termimprisonment of not less than ten years. If not making people dead or damaged or their property lost, it might be sentenced to fixed-term imprisonment of less than 5 years.