Research On Transition Problem That Causes Serious Injury Or Death On People In The Crime Of Illegal Detention

Article238, in the paragraph2of the Criminal Law of China provides how to deal with unlawfully detention causing serious injury, death and causing injury, disability or death to the victim by violence. But this part of the law stipulates that too simple, statement expressed blur, which do not facilitate the application of the judicial practice. How to effectively solve the problem becomes the main research purpose of this article.Crime of illegal detention is one of the important charges specified in the specific provisions of criminal law, and academia repeatedly. But most of these studies only focused on the research of this crime. The problem of this criminal transformation does not have to be done in-depth analysis and discussing. It is just mentioned simply for most of the scholars. The paper first analyses the legislative background and legislative environment of the crime of illegal detention, identifies the difference by comparing old and new statute of the illegal detention to lay the foundation for the following theoretical research to the transformation crime of illegal detention. Research on the transformation rules of crime of illegal detention is the focus of this paper. Then, author tries to find out the problems, solve these problems, and put forward my own proposals.This paper is about30,000words, this paper focuses on the third and fourth part of the article. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death (the front part of second paragraph) is inconsistent with that stipulated in the first paragraph; The "beat" in the first paragraph is whether belong to "the use of violence"(the back part of the second paragraph); How to define serious injury or death, and indentify whether disability includes minor injuries,and analysis these questions one by one,finally I put forward my own proposals to improve these questions.In addition, the paper is also focus to elaborate which the transformation of the provisions of the illegal detention is belong to legal fiction or rules of attention. Through the analysis of the rules and legal fiction concept, I put forward my views. The innovation of this paper reflects the innovation of the view. The transformation crime of illegal detention is considered as the rules of attention. In this paper, through the combination of transforming Crime, classification and the practical case, I put forward my views. The transformation crime of the illegal detention both belongs to a legal fiction and the rules of attention. At last the paper demonstrate this view, I hope this paper is contribute to the improvement of the theoretical basis for future judicial practice.