Research On The Criminal Nature Of The Behavior Of The Unlawful Detention For Debts

China is in the period of social transformation, with the socialist market economy isgradually established, business activity is increasingly frequent. In recent years, the economydispute and the obligation dispute lead to special illegal detention phenomenon-the illegaldetention for debts cases occur repeatedly, the illegal detention for debts had become socialand legal issues which needs pay much attention.In the late1990s, the criminal law theory and practice paid a lot attention to the study onthe nature of the illegal detention behavior. During that time there is the fierce debate anddiscussion. This kind of situation doesn’t change even though paragraph3of article238ofthe criminal law legislation passed. The explanation of rules That how to convict the behaviorof illegal detention of a person to ask for the debts that the law does not protect Released bythe supreme people’s court again raise fierce debate and discussion. Although our country’slegislation and judicial interpretation on the behavior of the illegal detention type had maderelevant provision, but because of the law and judicial interpretation for many problems related to theregulation is not clear, the theory dispute continue, it is also difficult to make unified standard inpractice, it has become one of the problems of the criminal law. To correctly understand thebehavior of illegal detention for debts and to properly apply the relevant provisions of thecriminal law is very significant for a country to construct a rule of law country and to protecthuman rights. In view of this, the author chooses this subject system to make an in-depthstudy.The paper has about30000words, according to the mean of the behavior of the illegaldetention for debts, an overview of qualitative analysis, the legislation perfection and relatedSuggestions to discuss the following three parts:The first part mainly analyzes the behavior of the illegal detention for debts, then make anreasonable limitation for the connotation and extension of the behavior of the illegal detentionfor debts and then introduced the historical evolution of the behavior of the illegal detentionfor debts in our country’s legislation and finally it is pointed out the problems of the unlawfuldetention crime for debts in China’s legislation and judicial practice.The second part focuses on analyzing the qualitative problem of the behavior of theillegal detention for debts in the present legislation framework. Combining with the spirit of the austerity of criminal law, the principle of suitable punishment and the criminal policy of"tempering justice with mercy" to illustrate the crime of the behavior of the illegal detentionfor debts.we should differentiate the crime, the noncrime and other crimes of the behavior ofthe illegal detention for debts.Through the analysis the author will point out that why thebehavior of the illegal detention for debts grades into sin, how into sin, into any sin. If theillegal detention behavior asks for legal debt.it shall be punished in accordance with crime ofunlawful detention. If the illegal detention behavior asks for illegal debt,it shall be punishedin accordance with other crimes..The third part is to make an improvement of criminal legislation on the crime of illegaldetention for debts and put forward related Suggestions. Legislation including: the "debt" ofthe crime of illegal detention for debts limit to ask for legal and proper debt; whoeverunlawfully detains or confines another person in order to get payment for a debt shall bepunished by other sin. Other related advice mainly include: Judicial organs must understandthe legal provisions which concerns the behavior of the illegal detention for debts and make aproper judicial application; Carry out the criminal policy of "tempering justice with mercy"and realize the justice of the debt disputes; To establish the system that use case to guidepractice, make up for the statute law of the crime of illegal detention for debts; Broadenpublicity channels the of law, improve the citizen’s legal consciousness for debts.limited by the Chinese and foreign data collection, research time and other restrictions,the author failed to analysis all the problems about the illegal detention for debts.the studieswithin the scope of the problem in this article is not very thorough, the author’s point of viewis not expect to get all the readers’ identity, only to hope that if you are interested in this theme,we can pay the common attention on it,and discusses the illegal detention for debts which hasthe relationship with the people’s livelihood and the legal system building. We can try to use awider and deeper perspective to obtain new research achievements and to enrich the theory ofcriminal law and to guide the judicial practice and to solve practical problems.