An Analysis Of The Crime Of Illegal Detention In Liang

The crime of unlawful detention is a common crime in our social life.Unlawful detention is a criminal act of illegally depriving others of personal liberty by means of detention,confinement or other compulsory means.Among them,for the repayment of the debt and illegal seizure,detention of a person,also constitute this crime,often referred to as illegal detention for debts.Liang Moujia and others suspected of illegal detention case,procuratorial organs and public security organs,the court of law recognized the existence of the following arguments:first,whether the implementation of acts of illegal detention for debts may not exist in the qualitative;second,control third non debtor for debt would not affect the crime of illegal detention for debts third,identification;this case the perpetrator forcibly detained robs victims of goods and other acts of self-help behavior in illegal detention or robbery.In view of the above three issues,according to criminal law and related judicial interpretations,the detention and other illegal means to obtain gambling debt also belongs to the crime of illegal detention.First of all,from the legislative spirit of the judicial interpretation,the debt does not affect the qualitative properties of the crime of illegal detention,but more emphasis on behalf of subjective behavior,there is no subjective purpose of illegal possession of nature does not constitute other crimes against property,so Liang Moujia's behavior constituted the crime of illegal detention for debts.Secondly,it is not easy for the debtor himself to seek the debt,illegally detain or detain the other person in the narrow understanding.We should expand the explanation according to the legislative spirit and the actual situation.If the debtor is a unit,its legal representative or other members may become the object of detention.Finally,the qualitative question of seizing and seizing the victim's property.In the present case,the defendant Liang Moujia and other property seized from the detained person obviously exceed the debt itself,and the use of violence means that the victim can not resist.From the above objective behavior,it can be presumed that it has the intention of illegal possession subjectively,and conforms to the relevant regulations of robbery in China's criminal law,and should be considered as robbery.