Study Of The Problems Of Illegal Detention

Illegal imprison offense is familiar in recent years of a kind of crime, however, the our country penal code theories field and judicatory practice medium, for illegal imprison many problems of the offense but exist many controversies. Firstly, at illegal imprison the offense of the offense with the non- offense problem aspect, need exactitude to affirm the object of this offense with subjective aspect and etc. Secondly, in the judicatory the fulfillment, illegal imprison offense because of its behavior method together other crimes contain the likeness of certain degree, usually confusing with the other crime easily, such as illegal imprison the offense to extract confession offense, kidnap offense...etc. These differentiations all need to clarify. Lastly, at to illegal imprison offense to carry on measuring penal , there is many problem to notice, cause the difference righteousness to have a result to aggravate easily among them of criminal law, make from the heavy punishment and the conversion etc. This text draws up to combine the case example, making some first step studies to a few difficulty problems concerning that offense, taking expect as illegal imprison offense to affirm to provide a basis, resolve to sentence the quantity criminal law problem, push the development criminal law theories.The article draws up to divide three parts to carry on research and analysis to this. One part discussion is illegal to imprison the offense and the non- offense problem of the offense, mainly inquiring into four controversies, these fours include:(1)Illegal imprison the object of the offense;(2)Illegal imprison time of the offense;(3)The method imprisons the way of the offense;(4)Illegal imprison the subjective aspect of the offense.The second part discussion is illegal to imprison this offense of the offense and that offense problem, the main study is illegal to imprison the offense to extract confession offense, illegal imprison offense with kidnap offense of distinct two problems. For operating the abstract theories and actual situation the organic knot put together, at realistic level to illegal imprison offense to carry on to affirm definitely more, the writer selected by examinations several case example that have the typical model meaning to take into analytical.The third part discussion is illegal to imprison the quantity criminal law problem of the offense. How accurate control in the judicatory the fulfillment illegal imprison the law of the offense to apply standard, sentence to the exactitude criminal law to all have with the quantity to close an important function. This part mainly inquired in to aggravate as a result to this offense of criminal law , make from the heavy punishment and the conversion of problem.