Dun In Illegal Detention Research

According to the criminal law of the People's Republic of China, the Illegal Detention Crime is the behavior of illegally detain others or illegally deprive liberty rights of others by other means. There is one case of illegally detain others for debts, and it is called "Crime of Illegal Detention for Debts". It is not an independent crime, but a special circumstance of the Illegal Detention Crime. Realize their debts right is its purpose. But there are many disputes in the theoretics and justice practice. Especially with the complicated situation of justice practice, we have many controversies in determining the nature of that sort of crime. So that members of the judiciary in dealing with the case often face difficult choices, the perpetrator is therefore very likely to be dealing with the disparity between the results of serious damage to the solemnity of the law. It is therefore necessary to explore and research.This paper with case and theory as the guide will analyze the Crime of Illegal Detention for Debts for the purpose of providing useful help to resolving similar cases in justice practice. And it uses the methods of comparison, speculation and standardized analysis.This paper is divided into introduction, body and conclusion. The body part includes the following main elements:Part I quotes a case of "Yan Mou and Yang Mou illegally detain others to obtain debts" and raises the question -Study of the Crime of Illegal Detention for Debts.The second part is about a crime and its characteristics of the Crime of Illegal Detention for Debts. And put forward my own views for some theories on the hot controversial issue. Object in the crime, I believe that the "others" of the Crime of Illegal Detention for Debts can not just understand of the debtor himself, but the debtor or a third person who is closely to the debtor. It maybe the debtor's relatives, partners, and other interested persons or units and members of the legal representative. In the subjective aspect, I agree with the Crime of Illegal Detention for Debts can constitute only by the direct deliberation. And understanding of the law is not the contents of deliberation. Whether or not it has understanding of the law does not affect the qualitative of his behaviors.The third part is the focus of this paper, mainly on three aspects of the dispute in judicial determinations of the Crime of Illegal Detention for Debts. These threes include: the distinctions between guilty and innocence; limitations between this crime and extortion-type Crime of Kidnapping; the numbers of crime. The author believes that the Crime of Illegal Detention for Debts needs a certain period of time. And it can be setting up two sub-standard conditions according to any assault or insulting behavior during the detention. If there is not any assault or insulting behavior, it can be set up as a 24-hour time limit the crime. Otherwise as soon as the illegal acts that constitute a crime. In the text to restrict the personal freedom of illegal acts were also discussed. If its social harm to the extent of punishment penalty, it should be treated as the Crime of Illegal Detention. The national staff for the collection of arrears and illegally detain others, if it constituted the crime, they should also be treated as the Crime of Illegal Detention. The limitations between this crime and extortion-type Crime of Kidnapping is the focus of this part. I compared these two crimes with the theory and practice of "debt". This article divides "debt" into 5 kinds. They are the legal debt, the illegal debt, exceed the quota debt, simply does not exist debt and the debt which difficult to identify. The author thinks it cannot understand mechanically or absolutely digitized about the case of "the perpetrator far exceeds or surpasses the original debt obviously". It is necessary to consider more than the absolute amount of actual debt, we have to consider more than the relative proportions of the actual debt. Combining the two up and integrated consideration of the other manifestations, such as the circumstances of the crime. On the one hand, the Supreme People's Court "on the extortion amount that the provisions of the standard issue" provisions, extortion, "large amount" that the standard for "1,000 to 3,000 yuan as a starting point," judicial practice can be used as reference standards; on the other hand, must consider the proportion between the differential debt and the effective debt. This paper endorsed a single act, as long as people act in their claims under the control of the purpose of completion of illegal detention and control the acts of others victims of this crime that is the completion of the establishment, as for whether the acts of their claims, as well as the implementation of the smooth realization of its own claims do not impact the establishment of the crime occurs about the standards of accomplishments and attempts. The article also analyzes the common crimes and the numbers of crime of the Crime of Illegal Detention for Debts.The fourth part elaborates the penalty of the Crime of Illegal Detention for Debts. Mainly discussed the legal punishment which aggravated to this crime result, to punish the question which severely as well as the transformation violated.