The Determination Of The Unlawful Detain For Debts And The Kidnapping For Property

It's the highly charged issue of Determination of the Unlawful Detain for Debts and the kidnapping for property in the group of criminal law and judicature practice circle.The legislative stipulation of our country criminal law about them is different in different phase.At first,our country criminal law was not sure to the kidnapping making formulary,but made crime of Crime of false imprisonment or Robbery punish.Due to the confused application of justice,the Judicial Interpretation identifies the Unlawful Detain for Debts as Crime of false imprisonment.Because the legal rule are not clear about,there are the similarity in the Unlawful Detain for Debts and the kidnapping for property,such as object of crime,the pattern of behavior,criminal target.So there are disagreements in administrative proceedings.This paper will introduce a case to make a study of the determination and differences between the Unlawful Detain for Debts and the Kidnapping for property.The paper concludes six parts,which amounts to 16000 characters.PartⅠ:main points of the case.The Unlawful Detain for multi-level marketing fund of Huang Yongzhu.PartⅡ:the case.This paper briefs the emergence and development of the case.PartⅢ:the focuses of the case.There are three focuses in this case:First,from motive,did Huang Yongzhu seize Zou Hongxing for debts or for extortion? Second,is it justical that Huang Yongzhu ask for 60000 yuan? Is the debts lawful?Third,in accordance with the provisions of Articles 238,paragraph three of the Criminal Law,it convicts detain someone unlawfully for debts" of Crime of false imprisonment.How to understand "others"?PartⅣ:controversial opinion and reason of the case.The accusing and the defending party argue about the three focuses above-mentioned and give reasons.PartⅤ:jurisprudence analysis.That is the main part of the paper.Firstly,the writer analyses the process of criminal legislationon the Unlawful Detain for Debts in our country and illustrates conviction request in the different periods.And then the writer analyses the constitutive elements of the Unlawful Detain for Debts.The law states that the one who detains someone unlawfully for debts is convicted of the Unlawful Detain.The law doesn't state in detail about the amount of debt and the extension of others.So the judicial practices are in the dilemma.The Supreme People's Court enacted《The interpretation of how to convict the behavior that the Unlawful Detain for Debts which is not pretended by law》in 2000,it sets clear demarcations about the nature of debts.But the qualitative problem that the man who asks for more debt amounts he lent out follows naturally.If he is convicted of the Unlawful Detain,there is no unified standard of exceed amounts.So the judicial interpretation must announce as soon as possible.And men the writer limits "others" of the Unlawful Detain for Debts.In accordance with true legislative intent,we must interpret "others" expand.The "others" includes debtor,people who are close relative of debtor and other intimately connected people.At last,the writer comprehends the Kidnapping for property and analyses the distinction and relation of constitutive elements between the Unlawful Detain for Debts and the Kidnapping for property.PARTⅥ:conclusion.The writer quotes and analyses the decree and the reasons of the case.