The Analysis One The Case Of Luohonghua

The accused of the illegal detention for debts are always the weak of the debor-creditor relationship.And,they can’t protect their legal rights and interests,so they have to take extreme action,by which the accused restrict the freedom of their deltors to realize their legal rights and interests.However,because criminal legislation has not clear stipulation for the unlawful detention for debts,which makes the of some cases for judicial practice uncertain.This paper is based on the illegal detention for debts,namely the case of Luo Honghua’s illegal detention.With all parties points and issues in the process of handling the case and the study the crime of unlawful detention for debts,the paper deals with the issues of illegal and legal in the illegal detention for debts and the difficulties appearing in the judicial determination.By this way,this study have a complete interpretation for crime and noncrime in the unlawful detention for debts.The paper is divided into three chapters.The fist chapter mainly introduces the details of and the major issues and other questions in the case.Chapter two deals with an analysis for the focus issues arising in the case.At first,the study makes a brief introduction of the related theroy and different lawful detention of the illegal detention for debts at home and overseas.And then,the study applies whether restriction freedom can cause the crime of the case;whether the time of detention is required by the illegal detention for debts,self-remedy that is defined in the law and whether the besfowing for a night conforms to the victim’s promises and the principle of prohibition repeatable evaluations.The author comes up with some points of view about whether the accused is seriously punished for the act of beating in the case.Finally,the study has a conclusion that Luo Honghua’s act doesn’t constituts a crime in the illegal detention for debts.The content of cheapter 3 is some consideration and suggestions for the illegal detention for debts.The author puts forward some understauing of lawmaking for the illegal detention for debts to make judicature unified.At the same time,the author also think about the necessity and rationality of the act of setting the self-help.