Research On The Related Issues Of The Crime Of Illegal Detention For Debt

With the rapid development of market economy since China's reform and opening up,economic disputes have increased year by year,and more and more creditors have chosen to take illegal ways to obtain debts.In this case,the "criminal law" in 1997 for the first time for debt type crime of illegal detention punishment,the supreme people's court promulgated in 2000 "about to ask for the debts of the law does not protect illegal detention of a person's behavior" the explanation of how to conviction,will conduct human for usury,gambling debts from the debts of the law does not protect illegal seizure,detention of a person's behavior,identified as the crime of illegal detention,namely whether take legal or not to be protected by law of debt,debt were handled in accordance with the crime of illegal detention.However,the introduction of this judicial interpretation has not completely solved the problems existing in the practice of the crime of illegal detention of debt,which has been criticized by the theorists.The judicial interpretation not fully distinguish type had the nature of the crime of illegal detention of debt,and debt types vary widely in practice,the judicial personnel when choosing applicable law also has some obstacles.In addition,there is a certain degree of similarity between the crime of illegal detention and many crimes,and it is necessary to make an accurate distinction.Based on the above reasons,the author hopes to benefit from the theory and practice.This paper will analyze from the following three aspects:First,the concept of the crime of illegal detention.First of all,the history of the crime of illegal detention is investigated,the historical background of the crime is analyzed,and the origin of this crime is explored through the comparison between Chinese and foreign historical situations.Secondly,the article analyzes the provisions of the criminal law of the current criminal law on the crime of illegal detention,and probes into the legislative background and the original intention of the present criminal law.Again,the author will explore the special constitutive requirements of crime,from the time needed for constitute this crime,for the definition of "others" and illegality cognition,this paper analyzed respectively,and then to analyze the specific characteristics of this crime.Secondly,the problem of debt determination in the crime of illegal detention.The author first type will be had the debt of the crime of illegal detention,in the practice of debt in a variety of forms,the author divided into legal debt,not protected by law of debt,actually there is no debt,and it is difficult to find out of debt.On the basis of this,the influence of different types of debt on the cognizance of the illegal detentions is analyzed.Finally,this paper will study the special form of this crime.The results of this crime are studied respectively.About the results of such,it is necessary to highlight must be illegal detention behavior itself can constitute,the aggravated consequential offense if detention action outside of intentional injury,will involve the transformation problem,on the other hand,the author will study its joint crime problem,in the judicial practice,this crime is joint crime more,so we need according to the criminal's role in a joint crime.