Reach On Crime Of The False Imprisonment For Collecting Debts

The crime of illegal detention is one of the most common charges, but because of China's criminal law provisions specified in the act of illegal detention for debts, which makes the crime is very special, we usually call the behavior of the crime of illegal detention for debts, but in theory this behavior has been great controversy, the problem in the judicial practice, also let many judicial staff feel very difficult, for this qualitative behavior, in practice often because everyone on the behavior analysis of different perspectives lead to different conclusions, especially easy to hovering between two a crime, in theory and practice, the crime of kidnapping and robbery, often become entangled in. Therefore, it is necessary to analyze the behavior of this kind of behavior. Through the analysis of theory and the feedback from the practice, we can understand and grasp the special criminal behavior more clearly. Therefore, to strengthen the analysis of this kind of behavior, not only can help to guide the practice, but also to better safeguard the personal democratic rights of our citizens, to protect the harmonious and stable society, and to establish the authority of the judicial authority of our country.Based on this, the author chose the case of Li Mou and Wu, from the perspective of judicial practice, the criminal law theory as the support, through the crime of illegal detention and robbery and robbery of some difficult and complex issues in-depth analysis and research, I hope that this analysis can provide some useful help for the judicial practice in our country.This paper is divided into four parts.The first part, the introduction of the case. Including:(a) the Lee Wu, the case of illegal detention.(two) the details of the case, the basic situation of the case.(three) the focus of controversy in the case. The focus of controversy in this case mainly has three, one is Lee, Wu Duo behavior whether to constitute the crime of robbery; second is Lee, Wu Duo behavior constitutes the crime of illegal detention; whether Liu and Lee, Wu Duo constitute the crime of illegal detention of accomplice, should bear the legal responsibility.The second part, the legal analysis of the case. Firstly, the author analyzes the boundaries of the crime of illegal detention and the crime of robbery, from the three different elements of the crime and the purpose of the crime, the characteristics of these two crimes are presented. Followed by an analysis of the on behalf type illegal detention sin "debt" of the understanding of the problem, and then analyzes the Lee, Wu Mouer of people in the form of crime of illegaldetention whether need to have illegal cognition, as well as Liu in this case status, whether it constitutes the in this case bearing following the accomplice, then analyzes the case of Lee, Wu's criminal purpose and criminal motive in this case will have little impact, in the final analysis, the object on behalf of the object and purpose was illegally detained the error occurred after, still insist on behalf of qualitative.The third part, the research conclusion of the case. The legal analysis of the case and the combination of the actual situation, through the analysis of the obtained Lee, Wu does not constitute a crime of robbery, but constitute the crime of illegal detention, and Liu in this case is illegal detention constitutes a crime of successive joint crime, should also be subject to legal penalties.The fourth part, crime of illegal detention for debts for advice. The author through the analysis of the case, for the crime of illegal detention for debts and puts forward some suggestions.