Research On The Identification Of Debt-demanding Crime Of False Imprisonment

As a moral concept,"it is only natural to repay debts" is generally recognized by the public in our country.The property rights contained therein are also protected by our laws in different ways and to different degrees.With the continuous improvement and upward development of China's economy,commercial activities and economic transactions between people are becoming increasingly frequent,resulting in more loan disputes or other forms of creditor's rights and debt disputes.Due to the high litigation cost and difficult enforcement in practice,coupled with weak legal awareness,some creditors will give up recourse to the law and choose to deprive others of their personal freedom by private means to realize their creditor's rights.The behavior of this kind of crime is very similar to the kidnapping crime of "foreclosure",but considering that there is a reason for it,it is drawn up as a special situation in crime of false imprisonment,namely "debt-demanding" crime of false imprisonment.However,due to the lack of relevant laws and judicial interpretations and their lack of specificity,judicial personnel are at a loss when dealing withthis cases.Cases with similar cases have great differences in conviction and sentencing in different courts.In order to clarify the problems existing in the identification of this crime,we should further analyze and understand the legal provisions and judicial interpretations.Based on the original legislative intent of legislators,we should combine the differences between this crime and the kidnapping crime of "kidnapping for ransom".Firstly,we should clarify the scope of debts,especially the connotation of "the law does not protect debts" in judicial interpretations.Then limit the extent of illegal detention and seizure and the scope of the target;Finally,the author analyzes the criminal responsibility of the perpetrators of the joint crime with high probability in practice,hoping to be helpful to the unification of the application of the law for this crime.