Type Theory Had Illegal Detention

With the continuous development of economy, the economic transactions between people is increasingly close, the resulting economic debt disputes increase obviously,some creditors lack of legal consciousness, the use of private relief means to realize the creditor's rights by illegal seizure, detention and other means to recover the debt cases emerge in endlessly. Explain the supreme people's court of our country stipulates: "the behavior people for usury, gambling debt, such as the debts of the law does not protect,illegal detention,the detention of a person,shall be punished in accordance with article two hundred and thirty-eight of the criminal law to convict". This provision will be illegal debt to make clear a regulation to "debt". Had to exist a certain type of illegal detention behavior of creditor's rights debt relations as the premise, had,for the purpose of using illegal means such as illegal detention,seizure deprived of personal freedom of others. Had the components of the illegal detention behavior performance is; Belong to the general subject, subjective aspect the intentional crime, and its behavior to the illegal detention, attachment for debt and other restriction of personal freedom; The object that the personal freedom of others rights; Objective aspect must be use the restrict the personal freedom of others such as illegal detention,attachment to request a debt. I will in this paper from the unfair imprison them debt, the theoretical basis of combined with empirical research both at home and abroad, to our country had illegal detention behavior that differences in theory to analyze the obstacle,the deficiency of legislation and justice,and then discusses how to perfect our country had the advice of the illegal detention behavior rules, this paper except preface and epilogue, I will go to analysis from the following three parts.The first part had theoretical interpretation model the behavior of illegal detention.Meaning explanation type had the behavior of illegal detention, main features and its constitutive requirements to conduct a comprehensive analysis, through compared with differentiated type blackmail kidnapping, clear type had the cognizance of the illegal detention behavior boundaries.The second part type had the behavior of illegal detention empirical investigation at home and abroad. Through elaborated to woo foreign debt using the behavior of illegal detention of relevant laws and regulations, be able to draw lessons from, and along with our country regulation of type had illegal detention action now, to find the type of had illegal detention behavior differences in theory, the deficiency of the legislation and the obstacles existing in the judicial practice. Illegal debt will also include criminal law, for example, in the type had illegal detention, this will inevitably with the civil law theory,and thus provide an excuse for criminals, etc.The third part consummates our country had illegal detention behavior rules suggestion. File type had the crime of illegal detention for "debt" evaluation standard should focus on from the subjective aspect of creditors had type analysis, studies the social harmfulness and crime constitution.