Research On Illegal Debts For Debts

Want to claim their debt,do the means of poor way,and can not,arrest their body forbidden.Article 238 of the Criminal Law stipulates that the crime of unlawful detention refers to the act of illegally detaining others or otherwise illegally restricting the right of others to personal liberty.The law comes from the real problem,because the reality exists in order to obtain the debt and illegal detention,detain the phenomenon of others,this crime becomes very special.Known as the "cable debt type of illegal detention",which is not an independent offense,is a special crime of illegal detention exists,the establishment of the crime is to achieve the crime of the perpetrators of the claims or other illegal purposes The The law lags behind the reality of development,whether it is the text of the text or the actual operation did not give illegal detention to clear provisions,there are differences of opinion.Especially in the practice of law,the complexity of the situation in the judicial staff in dealing with the case made a more difficult choice-whether conviction,what sin and sentencing.Therefore,the irrational justice of the treatment may lead to a large difference between similar cases,seriously impair the impartiality of the judiciary and the seriousness of the law,and at the same time cause losses to the interests of the perpetrators.Based on the analysis and exploration of relevant domestic and foreign legislation and legal practice in this field,this paper starts from the judicial practice and the actual situation of our country,and does not break away from the theoretical basis of criminal law.By using comparative analysis method and normative analysis Methods and other research methods to detain the behavior of others due to debt and other qualitative research,analysis of debt-type illegal detention of the relevant concepts and problems,as well as the establishment of conditions,influencing factors.According to the study to expect useful advice on legal and judicial activities.The first part includes the first chapter and the second chapter,the first chapter through the recently concerned about the "case" cases related to the introduction of the case,through the understanding of the case,to grasp the cause of the incident and the case in the trial process The focus of the debate,through the focus of the case finishing,causing the author's attention,so as to determine the direction of the paper-due to the reasons for the implementation of the detention of debt-related issues.In the second chapter,the author analyzes the relevant legislation and legal practice of detaining others through the ancient and modern Chinese and foreign countries.Through a large number of reviews,this paper leads to the study of the crime of illegal debt.The understanding of the concept is correct or not in the study of the issue is essential,and then through the concept of illegal detention to explain the concept of interpretation.In order to study the problem of the crime of illegal arrest,the objectivity,objective characteristics and subjective characteristics of the crime of illegal debt arrest can be discussed and discussed in detail.To grasp the type of illegal debt to the debt.The second part,the third chapter,is the most localized and focused part of this paper.(1)the corresponding elements of the crime of illegal arrest of debt,(2)the elements of the crime of illegal arrest of the debt type,(3)the debt of the debt;(2)the debt of the type of illegal possession of the crime,(4)the elements of the meaning of the type of illegal detention.For the first time,I believe that in accordance with the traditional "criminal composition of the four elements" to study the debt type of illegal detention can clearly clear the level of the crime.Secondly,according to the complexity of the reality,I believe that in the establishment of the crime of illegal debt,should be clearly distinguish between the detention of relevant personnel and their status,for which the author will be divided into imprisoned,debtors,Specific can have the following four cases: the first is to be imprisoned is the debtor,that is,the perpetrators directly violate the personal rights and interests,but also directly to the prohibition of people claim property rights.The second is to be imprisoned is the debtor,but the debtor is the third person outside the debtor,the practice of more than the debtor's close relatives or related personnel close.The third is to be imprisoned non-debtor,the main debt is the debtor,that is,practice more common "hostage" situation.The fourth is to be imprisoned non-debtor,the debtor is also a non-debtor.Furthermore,through the study of the subject elements of the crime of illegal arrest,the types of debt that may be involved in the crime of illegal debt arrest and the "debt" in practice are compared with the conviction and sentencing.In the case of a large number of dissidents in practice,the amount of "excess in excess of or significantly exceeding the original debt" in the case of excess claims,the author agrees with the theory and the actual situation,and can not only consider the absolute amount,The relative proportions can not be considered separately.According to the behavior of the subjective meaning,behavior,the nature of the crime,the circumstances,the impact of factors such as comprehensive look open.Finally,the author makes a comparative analysis of the common crime form and the problem of crime in practiceThe third part discusses the penalty of the crime of illegal arrest.Mainly to explore the crime has increased the impact of the statutory punishment,from the punishment and transformation of the problem.In the discourse with heavy and aggravating circumstances,this paper discusses the cases involved in the judicial jurisprudence,and through the combination of the cases,it can make the theory clearly and can be accompanied by the insult to the victim in the process of carrying out the detention Circumstances,insults and acts of detention do not exclude the existence of two,in the process of detention on the detainees to take speech or behavioral insult is not necessarily constitute an insult.The fourth part is the conclusion part of the debt through the illegal detention of the whole study,the author put forward their own recommendations.