Study On The Empirical Analysis And Countermeasure Of Illegal Detentions Of Debt

According to the criminal law of our country,the crime of illegal detention refers to the act of intentionally illegally detaining others or depriving others of their personal freedom in other ways.Whoever,in order to obtain the illegal seizure or detention of another person,shall be convicted and punished in accordance with the crime of illegal detention.In recent years,the cases of illegal detentions accepted by the procuratorial organs of laiwu city of shandong province have been on the rise.According to the data analysis,we can find the cases of illegal detention occurred due to obtain debt have become the majority of cases,the criminal suspect to collect debts and illegal detention,to seize the participant and debt,forcing the obligor.Such crimes seriously infringe upon the personal and property rights and interests of citizens,constitute a threat to the public order of public order,and are not conducive to the construction of a harmonious society,which should be highly regarded.Based on the procuratorial organ to handle in laiwu city in recent years had illegal detention type based on the statistical data of case,mainly from the three parts in this paper,the type had the basic conditions and characteristics of unlawful detention crime and crime reason,in order to put forward the prevention countermeasures of targeted,thereby reducing the occurrence of such crimes.The first part summarized in this paper,the present situation and characteristics of unlawful detention crime had type,with statistics of procuratorial organ in laiwu city as the breakthrough point,analysis the city had arrested illegal detention case review,examination and prosecution,judgment,find had the characteristics of unlawful detention crime: the victim has fault in legal debt,lai debt collector,had difficult;The illegal debt is serious,gambling debts,high-interest loans outstanding;The plan is thorough,the organization is strong,the number of people involved is large;Creditors have already made judicial relief before the debt collection;To pursue the professionalization of debt and illegally obtain huge profits in legal form;The illegal detention time is long,with many violent injury behaviors such as beating and abuse,and the social harmfulness;"Softviolence",such as "soft violence",such as close-fitting and spiritual pressure,increases the number of crimes committed by personal freedom.There is a tendency of seedling in long-distance detention,and the difficulty of rescue is increased.Crime places are concentrated in some small and medium-sized hotels,hotels,Internet cafes;Most of the suspects are less educated and unemployed men,and have more former members.The second part of the analysis of the causes of unlawful detention crime with had multiple,reason mainly classified as: private lending,private lending lack of special legislation,folk lending behavior is not standard,the lack of corresponding supervision mechanism;The ideological and moral distortion caused by the collision of various ideologies leads to the negative influence in the process of economic development and the lack of social credit system.The lag of the reform of the private financial system,the interaction between market supply and demand and the law of regulating the loan of usury,etc.The institutional defects of public relief are passive and lagging,and the public relief is relatively time-consuming and difficult to implement.Creditors have a tendency to lower the cost of relief,and the economic interests drive the establishment of many debt collection companies,which are full of violent and threatening occupational debt collection and other phenomena.The lack of legal awareness,the lack of legal publicity,and the lack of use to protect their legal rights and interests.The third part puts forward relevant countermeasures and Suggestions,should improve the supervision of private lending,discusses classification of legal regulations,regulating the small and medium-sized enterprise folk financing,enhance the consciousness of the borrowing contract participants,establishing the folk financing mechanism,take effective measures to regulate private lending behavior;To strengthen the ideological and moral education,set up the concept of good faith,rectify and standardize the order of the socialist market economy,establishing and perfecting the market rules,establish and improve the personal credit risk management system and the social credit mechanism,promoting the construction of social credit system;We will innovate the financial system,broaden the financing channels,intensify the crackdown,deter criminals,strengthen comprehensive social governance,strengthen special regulation,and crack down on gambling and usury.Consummate the public aid force,enhance thetrial effect,pay attention to the mediation work,establish and improve the small dispute resolution process,shorten the working period,improve the working efficiency,reduce the amount tired,led by judicial organs and united community,the enterprise trade union and other mass organizations to do a good job of mediation;To improve the professional debt service staff,accelerate the professionalization process of professional debt collection,and make reasonable restrictions on the professional collection of debt through the contractual relationship formed by horizontal and vertical.We will strengthen cultural guidance,promote healthy living,increase public awareness of the law,improve the legal awareness of citizens,strengthen the publicity of the legal system,and raise the awareness of law-abiding.