On Some Problems Related To The Crime Of Illegal Detention For Debts

With the development of market economy and the public commercial activities,conflicts caused by debt problems has increased constantly, bringing about a series ofproblems in law, of which the crime of illegal detention for debts is a typicalrepresentation. Now according to law theories and basing on the analysis about somecases, the author will discuss about the problems dealing with illegal detention fordebts and some controversial problems, then make some systematic research andfurther discussion, hoping to offer helpful assistance when dealing with similar casesin judicial practice.The article is divided into three parts. The first part is is a general descriptionabout crime of illegal detention for debts, introducing its concept and characteristicsas well as focusing on its historical evolution and legal analysis why it is concludedinto a crime. From the continuous change of the judge standard and legal basis in thiscrime, we can see a reflection of a new choice in the value tendency about personalrights and property rights in modern criminal law.The second part mainly introduce the special factors which affect theestablishment in the crime of illegal detention for debts. There contains three aspects:Firstly, The time limit of illegal detention. Considering different points of view, theauthor thinks we should set different standards on the time limit for whether someillegal detention behavior should be regarded as a crime, more probably, we shouldtake the results of the crime into consideration and therefore treat them differently.Secondly, the influence of the people under detention and the debt-payer-to-be (whoare expected to pay back the debts) on the crime. In the cases of illegal detention for debts, three kinds of people are often involved: the doer, the victim (the man underdetention), and the debt-payer-to-be (who are expected to pay back the debts). Whenthe latter two kinds of people appear as debtor or non-debtor, that is to say, when thevictim is non-debtor, and the debt-payer-to-be is the debtor; or when the victim is thenon-debtor, and the debt-payer-to-be is also non-debtor, there will be various differentinfluence on the judgment on the behavior of the illegal detention for debts. Thirdly,the influence of the property of the “debt” on the crime of illegal detention for debts.In law practice, such cases are connected with various debts, such as legal debts,illegal debts, debts which are hard to investigate, debts which do not exist in realityand debts which are over the exact number; however, there is no clear definition aboutthese debts in judical. So in this article,the author will make a detailed analysis on theeffect of these different kinds of debts on the judgment of the crime.The third part talks about some other judical problems on the judgment of thecrime of illegal detention for debts. First, the identification between the crime factand non-crime fact and the identification between this crime and other relevant crimes.In this part the focus is on the difference between this crime and the crime ofblackmail and kidnapping or the crime of detention and robbery. Second, thediscussion about the established conditions for whether the doer has become anaggravated offense or transferred offense. Third, an analysis about the joint crimes inillegal detention for debts. Such cases frequently appear in the form of joint crimes,while in these crimes, different participants has different division of labor, differentsubjective crime intention and different roles; and all these factors will have differentimpact on the final crime identification. The author will conduct a furtherinvestigation on the crime of carrying out the illegal detention for debts, the crime ofentrusting others to carry out illegal detention for debts, and the responsibility of thejoint criminals in illegal detention.