Research On Difficult Problems Of Illegal Restrain For Debts

In order to implement the rule of constitution about the protection of the rights of our citizens, China’s criminal law sets the crime of illegal deteclention in article 238, Through punishing the illegal of deprivition of civil liberty, legal civil liberties and rights are being protected well. Currently, illegal detention cases are showing a high trend, economic development also brings debt disputes between people year by year.Dun cases of illegal detention happens frequently. However, the type about Dun illegal detention in debt is not clear enough, resulting in judicial practice departments holding different views in such cases.This phenomenon can be apt to miscarriage of justice easily. In addition, the criminal theories and judicial practice department also have a lot of controversy in the patterns of crime Dun crime of illegal detention and the object of the Crime. Therefore,the author take Mr’s unlawfully detaining case to analyze the criminal nature of this crime in the process of recognition of the problems in deep analysis,hoping to do some help to our judical practice.onforming the debt in illegal detention and objects and patterns of crime to discusThis paper mainly write three issues about the standard of conforming the debt in illegal detention and objects and patterns of crime to discuss and study the backbone, then come to related research conclusions.Firstly, this paper analyzes the connotation of debt and judicial interpretation of the scope of the provisions, combined with our current classification,confirming that thirty thousand yuan can be identified as the debt, so Wang’s behavior is attributable to repayment of the debt behavior.Secondly, through analyzing the special population of crime of illegal detention target and the scope of others who can be controled for the debt,conclued that Mr.Xue can be the object of the crime of illegal detention.Then come to the conlusion that Mr Wang and Mr.Xue’s behavior should be confirmed as crime of illegal detention for debts.Finally, by analyzing patterns of crime Dun illegal detention, combined with the criminal law and this view of law issues, an accurate grasp of the necessary conditions for the establishment of the crime accomplished. whether the crime accomplished is not the necessary conditions. In this case,although their claims are not actually been repaid,their behavior has accomplished the crime.