Case Study On The Crime Of Illegal Detention And The Confirmation Of The Crime Of Kidnapping

Because of our country for the debt of the civil law research started rather late, so in our country "To liquidate a debt is perfectly justified", this sentence has a broad application market.The logic of this sentence is that as long as you owe my money, so I do to you what is perfectly understandable. This resulted in many debt recovery cases, creditors in order to achieve the purpose that the debtor to repay the debt and frequent application of the such as imprisonment,imprisonment and even beaten and other coercive means to resolve debt disputes, and that doing so as it should be. But with the continuous development of society, to repay the debt with more in-depth understanding, with the improvement of people’s awareness of human rights, the right of personal liberty than property right has been gradually recognized and become as a universal value,in order to achieve the purpose for the liquidation of the debt and the debtor implementation of coercion behavior have been the social and legal evaluation is an illegal act. But because our country is vast in territory, some deep-rooted ideas are sometimes difficult to solve, which resulted in the in the judicial practice of our country, in order to ask for a debt and illegal detention of others repeated cases, more the winner for selfish interests under the banner of debt collection under the guise of kidnapped the real. The criminal law of the people’s Republic of China for the repayment of the debt and illegal detention behavior of others to return for the crime of illegal detention, the supreme law through judicial interpretation of the gambling and other illegal debt are also included in the scope of debt, and the provisions of this kind of behavior should be determined as the crime of illegal detention. Indeed from the perspective of judicial practice and the protection of victims, such provisions can ease the behavior of the victims of violence, so that it is not forced to the road of extreme behavior. But from crime punishment to adapt the perspective, in order to repayment of the debt and illegal detention behavior of others, the in order to achieve the purpose of others will certainly use violence to accomplish, which actually serious damage the rights of others. In practice, some criminals even under the guise of asking for debt,the actual situation, but because of the law, the last can only be convicted of illegal detention,which actually from the other hand, the occurrence of crime, and the victim is not fair. This paper selects the Li Moumou illegal detention sin and LuMou kidnapping two properties are basically the same, but trial results are very large differences in the case analysis and research, kidnappingand illegal detention of through the determination of the scope of "debt", and behalf of crime objective and subjective component parts are analyzed to determine two crime conviction and scale, and thus more effectively cracking down on the criminals. This paper is divided into three parts in the structure.The first part: a brief account of the basic facts of the two cases and the relevant evidence, the case of the trial results and reasons, put forward the case of the two focus of controversy.The second part: the two part of the focus of the case, the focus of the controversy, and to determine the scope of the crime of illegal detention. And on behalf of illegal detention and abduction were compared. According to the analysis of the results of the two cases of the legal analysis of the decision, and the two were compared and evaluated.The third part: through the comparison and analysis of the legislation of the foreign law on the illegal detention of others, the crime of illegal detention is discussed and some suggestions are put forward to improve the crime.