The Analysis Over Disputes Between The Illegal Restrain For Debts And Kidnap

In judicial practice, are often encountered because of recourse debt and illegal kidnapping, detention, detention of others cases, on whether such cases should be the crime of kidnapping and illegal detention to the conviction of the perpetrator is often controversial. This paper by Lee illegal detention of his ex-wife in this case, to a detailed comparison of the crime of illegal detention and kidnapping of the similarities and differences in practice in order to accurately grasp them, and help investigators suspect in the acts of that type of accurate characterization .The whole paper is divided into four parts:Part one: Introduce of the case. Drafting of the merits of the case brief, Lee and his ex-wife, because of his ex-wife's current husband Mr. Tian dissatisfaction, to ask for compensation for two failed, and kidnapped his ex-wife a partner.Part two: Focus of the case. Lee to discuss personnel kidnapped his ex-wife to ask how the qualitative behavior of the debt held different views.Part three: Disputes and the disagreement. One view is that Lee conduct constitutes the crime of illegal detention type of recourse debt; another view is that Lee constituted kidnapping.Part four: Studying conclusion. Through the crime of false imprisonment and kidnapping two definition of the crime, components, dealing with crime and two other differences between the crimes of the second critical point of the crime in order to achieve in practice for the second offense can accurately grasp.