Had The Crime Of Illegal Detention,Extortion And Kidnapping Of Boundary Points By Xu Et Al.Clinical Application Of Illegal Detention

This article focuses on the case of Xu Mou and others who illegally detain zhangmou to analyze the "debt" which belongs to the crime of "illegitimate detention" as the starting point,and focus on the focus of the case to try to provide the corresponding criminal justice practice The criteria for accreditation.The first part of this article is the introduction of the basic situation of the case: First,a brief introduction to the case of the case,and then lead to the case on the handling of the three different views: the first view: Xu and others to take custody,seizure and other means,Zhang will be held for a long time under the control of their houses,to restrict the deprivation of the victim Zhang personal freedom of movement,and to obtain the so-called "private compensation" to Zhang,according to the law should constitute a debt-type illegal detention;Think: Xu and others on the use of violent assault Zhang,threatening words and other threats to persecute the victim Zhang surrender property,should be qualitative as extortion crime.The third point of view,Xu and others subjectively on the purpose of illegal possession of the use of violent assault,threats,intimidation and other means,the use of the victim Zhang family concerns about their safety,forced to obtain the victim Zhang family property,Kidnapping.And then from the differences in the summary of the controversial focus of this case,mainly composed of three parts: First,the behavior of the private compensation claims are classified debt-type illegal detention in the "debt" ? Secondly,the distinction between the crime of illegally detaining the debt and the type of kidnapping,and the distinction between the crime of extortion and the abduction of the kidnapping.The second part is the legal analysis of the focus of the case,that is,the content and scope of the "debt" in the crime of illegal debt arrest,the distinction between the crime of illegal arrest and the crime of extortion,extortion and extortion Type of kidnapping.This paper hopes to define the "debt" nature of this case by studying the content and scope of the "debt" in the crime of illegal debt arrest,so that the nature of the case can be accurately determined.That is,if the "debt" in this case is considered to be "cause and effect" with a reasonable claim based on the spirit of compensation,although the "law does not protect the debt" does not clearly indicate that this content,but we should The "private compensation" should be the "debt" of the crime of illegal debt,then it should constitute a "debt-type illegal detention";On the contrary,the "debt" in this case is not known as the so-called reasonable claim based on the spirit of compensation,but simply does not exist,no basis for extortion,then the name of the debt is black,"Debt" does not belong to the scope of "debt" in the crime of illegal debt arrest,but should constitute a crime of kidnapping.This article holds that the "debt" does not fall under the so-called reasonable claim based moral damages,but should be unfounded extortion,and therefore should constitute the crime of kidnapping.And then according to the violence,coercion whether the on-the-spot,the reality of urgency and whether the object of the Internet is the victim and other aspects of the analysis of the case does not constitute extortion,but should constitute a crime of kidnapping.The third part is the analysis of the handling of the case,that is,through the case of the "debt" nature of the identified,and one by one on the case of the three differences of opinion analysis,resulting in the case does not constitute a debt-type illegal detention does not constitute a crime Extortion,but should constitute a bargain-style kidnapping.The fourth part is the revelation after the study.This part is the sublimation of the handling of the case,that is,the crime of kidnapping in the current legislation to explain some of the problems and make further suggestions.