Analysis On "Xiong Mou Illegal Custody Cases" From The Perspective Of The Criminal Law

The action for the repayment of the debt unlawful deprivation of another person ’sbehavior while our country criminal law238th has been made, but result in different period,our country to the repayment of the debt and illegal detention of a person behavior rules vary,for many problems are not explained clearly, and with the development of economy debtrelationship, is perplexing, general of the debt different understanding, therefore, allows forrepayment of the debt illegally deprives the personal freedom of another person ’s behavior isactually constitutes the crime of illegal detention for debts or rope wealth kidnapping is ofteneasy to confuse. The article plans to combine Xiong Mou illegal custody case, from theperspective of judicial practice, to the relevant criminal law theory as a guide, the twoconstitution characteristics and some important distinctions to study, hope to provide usefulreference for the judicial practice.This article is about sixteen thousand words, divided into four parts:The first part: the case and case. This part briefly introduces the basic situation of illegalcustody case of Xiong Mou.The second part: the case of disputes and disagreements. This part mainly introduces thecase of qualitative, sentencing impact of focal issues and in the case of treatment process tothe Xiong Mou act in two perspectives, namely, that a Xiong Mou act shall establish the crimeof illegal detention for debts; another kind of viewpoint thinks Xiong Mou should constitutethe crime of kidnapping of asking for money. And this leads to the focus of this paper, namelythe crime of illegal detention for debts and rope wealth kidnapping crime and distinction.The third part: the legal analysis. The part of the focus of the disputes of this case relatesto the criminal law theory. First briefly introduced the determination of the crime of illegaldetention and cable property in the constitution of crime of kidnapping feature, and in debt,on Cognizance of illegal detention time standards as well as the crime of illegal detention fordebts and rope wealth kidnapping makes a distinction between analysis and put forward someown views.The fourth part: conclusion. Based on the comprehensive analysis of the case and therelevant theory, the Xiong Mou act shall constitute the crime of illegal detention of theconclusion.