Researching On Judicial Determination Of The Crime Of Illegal Detention

In this article,in order to form the logic of judicial determination in the aggregated consequential offense of illegal detention,the author applies the research method of combining theory and practice to analyze the constituent elements of the essential offense of illegal detention and the aggregated consequential offense of illegal detention through the real case of death caused by illegal detention in M city of S province.Furthermore,it is unquestionably beneficial to solve the problem in the case of illegal detention,especially appear the death result.The full article is divided into three parts.The first part is the brief of the case and the focus of the dispute.Including the facts of the case,the focus of the disputes,adjudication facts,opposing opinions and so on.The second part is the comments of the case,including the qualitative analysis whether Luo and Xu constitute the essential offense of illegal detention and whether Luo and Xu constitute the aggregated consequential offense of illegal detention.The third part is thinking and suggestions that the boundary between crime and non-crime in the crime of illegal detention and how to carry out the substantive view of criminal law in the illegal detention cases through the concrete logic of judicial determination.