On The Identification Of The Crime Of Illegal Debts

In the context of rapid development of social economy and growing prosperity of commercial trading,the number of disputes over debt obligation is continuously increasing day by day.Due to the irrealizableness of creditor's rights and poor legal consciousness,many creditors detain their debtors in illegal ways to restrict debtors'freedom of action,or even impose serious threat on their personal safety.Facing those cases,it is difficult for judicial organs to conduct accurate conviction and sentence.The fact that similar cases received diversified disposals by judicial organs from different regions in China not only violates the rule of law,but also renders dignity of law in question.The article mainly refers to the three-layer system of professor Zhou Guangquan,making detailed analysis and research on the crime of illegal detention for debts from three aspects of objective circumstances,subjective circumstances and excuses for stopping.The paper is divided into three parts of introduction,main body and conclusion.Introduction lists the difficulties existed in the juridical practice.Under such circumstances,this paper will analyze illegal detainment due to debt-claim from the perspective of tri-tier based constitutive elements of a crime.The main body takes mining the protective objectives of the existed regulation of clauses of Criminal Law as the basic research content.On the basis of accurately framing the connotation of the clauses of the Criminal Law,it appropriately identifies the boundary between the crime of illegal detention for debts with the extortion-type crime of kidnapping and crime of robbery.At last,the paper solves the pragmatic problems through the recognition of special liability,share of burden of proof as well as the consideration of specific punishment fits the crime.Through the research,this paper expects to make a relatively clear interpretation on the crime of illegal detention for debts to make up the current status of insufficient research on illegal detention crime.It could generate positive influences on the theoretical research and juridical practice on illegal detention crime as well as the development of measurement rule of penalty.