| The crime of illegal detention is a common crime that infringes upon personal freedom in social life.As the Criminal Law and its judicial interpretation do not clearly stipulate the scope of debt claim,the academic and practical circles debate and discuss the crime of illegal detention for debt claim,especially there are different views on the definition of the scope of debt,the definition of the purpose of debt claim and the distinction between the crime of illegal detention for debt claim and the crime of kidnapping for extortion.In judicial practice,the judicial organs have some bias when convict the defendants of the crime of illegal detention for debts to restrict the application of the crime of kidnapping for extortion through expanding the scope of debt claim.This is reflected in Zhang Peng,Fu Liangping and others kidnapping and illegal detention case selected in this paper.The first-instance court and the second-instance court made completely different judgments.The courts of first instance and second instance mainly start from the existence of creditor’s debt relationship,the purpose of debt claim or extortion and illegal possession of property,lack of analysis of the constitution of the two crimes,ignoring the criminal behavior itself.In addition,in this case,the public prosecution and the court of second instance argued that the defendants Zhang Peng,Fu Liangping,Tao Xiaoliang,Qiu Ning constitute the crime of kidnapping,the defendants Gan Yunbing,Guo Zhiping constitute the crime of illegal detention.However the court of first instance held that all six defendants constitute the crime of illegal detention.Both the court of first instance and the court of second instance held that the six defendants had committed a joint crime,but the public prosecution organ and the judicial organs do not elaborate on the content of joint crime.Therefore,this paper conducts relevant research on the determination of joint crime in the illegal detention for debt claim.From the perspective of Zhang Peng,Fu Liangping and others kidnapping and illegal detention case,this paper conducts research on the crime of illegal detention for debts.Except for the introduction and conclusion,this paper is mainly divided into three chapters,which are briefly described as follows:The first chapter introduces the basic situation of Zhang Peng,Fu Liangping and others kidnapping and illegal detention case and the questions raised.Three questions are raised:（1）Whether the debtor-creditor relationship is the only criterion to discriminate the crime of illegal detention for debts between the crime of kidnapping for extortion.（2）Whether the subjective purpose of debt demand is the only criterion to discriminate the crime of illegal detention for debt demand between the crime of kidnapping for extortion.（3）How to identify joint crime in illegal debt claim.The second chapter is the core part of this paper,the legal analysis on the controversial issues of the case,including the identification of "debt",the subjective purpose of debt acquisition and extortion of property illegal possession purpose,the identification of the joint crime in the illegal debt claim were analyzed,the analysis of the disputed points and the corresponding thinking of the case.The third chapter draws the research conclusions and revelations of this case.Among them,the main revelations of this case study are as follows:（1）Analyzing the distinction between the crime of illegal detention for debts and The crime of kidnapping for extortion via the constitution of crime elements.（2）Distinguishing the meaning and methods of the crime of illegal detention and the crime of kidnapping.（3）The relationship between the crime of illegal detention and the crime of collecting illegal debt. |
