Research On The Crime Of Illegal Debt Detention

Had type crime of illegal detention refers to the behavior person to ask for their debt, and use detention, attachment or other illegal restriction of personal freedom means of others. On the subjective characteristics embodied in is in order to obtain their own debt and implement the behavior of illegal detention. Subjects include the obligee itself and hired by the personnel. Objectively the detention, attachment or other illegal restriction of personal freedom means of others. Creditors take violated the criminal law is to protect the personal freedom of citizen rights and interests of a debt to the way of behavior. In our criminal law to the crime of illegal detention had type has a clear rules, but in practice, due to the amount of the offender had, had to take the violence had, the main body of subjective understanding, such as making type had the cognizance of the crime of illegal detention in the actual easily confused with kidnapping extortion type, is not conducive to this kind of case is dealt with.In view of this, the author in this topic as the research object, the had of the legislation history of the crime of illegal detention, criminal law, crime constitution, the analysis of the causes and related to the concept of a relatively clear analyse, on the basis of some analysis of the crime of illegal detention had type of joint crime case type determination, and blackmail kidnapping and the difference between "dun for debts"itself characteristic, in order to more fully understand the sin that in various situations, provide reference for justice.