Illegal Detention Sin Knotty Problems Research

Illegal detention sin has long existed, and in recent years, with the development of economy, all kinds of conflict of interest is increasing, illegal detention behavior, and becoming more diverse, complicated. The author attempts to criminal law theory and the basic theory as guidance law, combined with judicial practice easily confused, encountered, combined with the controversial issue of handling encountered typical case of illegal detention, crime, crime and sin not sin and bethuel differentiates the sin and SINS problems, in order to make a preliminary discussion on theory and the judicial practice wrbanization.This paper mainly divides into three parts. The first section explores the crime of false imprisonment and the crime with problems. Mainly discussed the two aspects of dispute, the two aspects including:(1) the object of unlawful detention sin. particularly those of the criminal object. The author thinks that the infinite theory discussed with limit theory remains were biased, only will combine both to all-round objective solve problems in judicial practice. (2) illegal detention of SINS, including the objective aspects of the behavior, time, space. Behavior which includes positive. as behavior, also includes negative, not as and other behavior. For space, as long as is the behavior of the victim actor limited to a specific areas will into sin. Timing needs. in the judicial practice for 24 hours, general master with other special plot do not limit.The second part is the study of illegal detention of SINS of crime and is not a crime. As for the legitimate debt and take actions to the debtor adopted some forced improper behavior, the author think should not to sin theory. And in practice some self-help behavior, met the behavior of victim illegal restriction of freedom, to particular case is particular analysis. In order to bring the abstract theory and the practice operation organicsynthesis. facilitating understanding, the author in this section, and the third part of the chosen few typical and case analysis. The third part explore this offence and there are problems, mainly analyzes the SINS of crime and illegal detention of kidnapping, insult sin, unlawfully interfere with freedom of marriage SINS, forced worker labor sin how to define the problem. In illegal detention of crime and kidnapping of the most confusing for debt is the behavior, the author thinks that if the offender is true for existing debt (including illegal), or possibly exist but temporarily difficult to ascertain exit, slightly larger but absolute value is not the amount of debt, should with large unlawful detention sin theory; As for debt amount significantly greater than and absolute value and big, or ask for non-existent debts, serious circumstances involved, shall punish of kidnapping. Actor in the implementation of illegal detention behavior with the insult to the victim or in the implementation of insult with detention behavior, belong to a felony offense involved from the same punishment, legal punishment, according to the actor's objective behavior and the results act condemned. To act in marriage freedom or interfere with other people in labor and employment process force worker labor with illegal detention act, the author thinks that this is the general law and special law of conflict, special provisions shall be applicable to violence interference is preferred. sin and forced marriage freedom punish employees work sin.