Xu And Other Illegal Detention Studies

Kidnapping crime and the crime of illegal detention are with certain social harmfulness of the crime, the crime on the constitution of crime has some similarities, such as two crimes are the objective implement the deprivation and restriction of personal freedom of the victim behavior, the in the implementation of the illegal deprivation and restriction of liberty victim behavior also accompanied by violence or the use of violence threatening, but two crimes also has a many different, especially in the criminal law of the people's Republic of China on the two crimes provided the different legal punishment, to clarify the boundaries between the two crimes, for conviction and sentencing, avoid miscarriages of justice has important significance. This article intends to from the judicial practice of illegal detention case, in the case of investigation organs and procuratorial organs on the nature of the case identified on the emergence of the case, the investigation authorities believe that the crime of kidnapping, and the public prosecution authorities believe that the crime of illegal detention, the final court after a trial identified Xu et al. Through the analysis of the case, put forward the case the reason for different problems, and puts forward the focus of controversy "for others held hostage" behavior qualitative issues. After the dispute focus, trying to from kidnapping and illegal detention sin two charges of legal interest and crime constitution difference, from subjective and objective consistent principle perspective, to identify the crime of kidnapping and illegal detention of boundaries between the crime, so as to clarify the the case Xu, who constitute the theoretical connotation of the crime of illegal detention, for judicial practice of processing the cases provide theoretical basis. The crime of illegal detention in this thesis is a traditional crime, whether domestic or foreign, a lot of research, which is based on the study of the wisdom of extensive learning and reference, to explore some personal views. This paper discusses the differences between the two crimes, and discusses how to adapt to the principle of crime and punishment, and discusses how to play the role of subjective and objective in accordance with the principle of crime and punishment.