Research Crime Of Illegal Detention For Debts

Pursuant to article 238 of the Criminal Code:the."Illegal detention for repayment of debt,detention of others,shall be punished in accordance with the preceding two"scholars generally believe that the criminal law which stipulates that the illegal detention of a special type,that we commonly referred to as "Dun illegal detention."Dun illegal detention has always been the focus of disputes poly v,in recent years,as China's economic development,related cases increased gradually.Since the provisions of the criminal law provisions for guilt is too simple,operability is poor,and easily with this crime of kidnapping,robbery and property crimes and other violations of civil confused,which leads the criminal law theory and judicial practice of this crime has been a lot of controversy.This article will learn under criminal law theory,combined with China has promulgated laws and regulations in force instance trial and the People's Court,the author of literature analysis,case analysis,comparative analysis and other research methods,Dun illegal detention of criminal law nature of confirmation analysis.Paper is divided into four chapters.The first chapter,an overview of Dun illegal detention.This section provides an overview of the history,extraterritorial provisions as well as the practice of the present status of our current crime history Theory and Practice,and then ask questions of this study.The second chapter,illegal detention Dun Legal Analysis.Dun elaborated the concept of the crime of illegal detention,features,analysis of its constituent elements,and a detailed analysis of the background of the establishment of origin of this crime,which is the main innovation of this paper.The third chapter discussed several problems of crime of illegal detention for debts.On the "cable" and "debt",the author thinks that the object should be defined as "cable"detained person,but not any other person;"debt" type in the crime issue should adhere to the principle of subjective and objective consistent.The crime should be identified with the crime of kidnapping,robbery and other crimes of infringing upon citizens'property.Chapter ?,on the basis of the above analysis,the author puts forward some recommendations to improve judicial practice methods and legislation on the illegal detention of Dun.