The Theory Of Crime Of Illegal Detention And The Limit Of The Kidnapping

Unlawful detention and Kidnapping is the infringement of citizens’ personal rightsof two different crime, but its in some level the but again has great similarities.Especially for the recover the nature of the crime of false imprisonment debt andextortion financial nature of the kidnapping is in recognition of the time and easilyconfused. For example, in the crime of false imprisonment, offenders in the subjective"behalf" under the implementation of the victim intentionally for detention andrestriction of personal freedom behavior, this process is very easy in the judicial practiceidentified for the kidnapping. And because the offenders intentionally subjective andobjective behavior in the process of crime extremely easily also becomes a convictedheavier kidnapping, so for the sin of the distinction between the two boundaries andgrasp becomes the delay. This paper tries to start from the case,"the conviction disputedpoint, and based on this, the crime of false imprisonment and kidnapping analysis andresearch, finally pointed out two SINS that difference between two points and confusethe specific standard of sin, hope can real use of judicial practice will help.