| As a crime that infringes upon personal freedom,the crime of illegal detention has been investigated and dealt with more vigorously than before since the launch of the national anti-mafia action,and a large number of illegal detention crimes have been duly punished.But with the development of the society progress also escalated,criminal crime means detention behavior become more diversified,the detention of the object scope also expanded more,at the same time in the crime of illegal detention on the question of limitation of the judicial application,also exposed the problems,in order to better cohesion theory and practice,in view of the crime of illegal detention problems existing in-depth study is necessary.In the first part of this paper,the topic background,research status,research methods and research significance of the study on the difficult problem of the crime of illegal detention are briefly described.The second part,from the objective aspect of the crime of illegal detention,discusses the detention behavior under the background of the new era and the calculation of the detention time of special detainees(victims in unconscious state,people with no ability to act autonomously)and prisoners separated from other places.The article holds that following others depends on the circumstances,simple following behavior does not constitute detention,but it may evolve into detention in the process of following.The detention of others in public places should not be restricted by whether the space is closed or not,and it is also an infringement of the personal freedom of others.Intentionally tampering with other people’s health code is a new type of detention for the purpose of detention by means of epidemic prevention policy,and should be regarded as detention.The period of detention of the victim in the unconscious state should be counted as the beginning of the actual freedom,and the means of releasing the detention during the unconscious state cannot be counted as the end of the detention.When a criminal removes the means of detention without the knowledge of a person without the ability to act autonomously,it cannot be regarded as the end of the detention time,but as the rescue of a person without the ability to act autonomously.The third part discusses the scope of disability and the degree of violence of the converted criminal of illegal detention crime,as well as the recognition of beating and insult in the cases of severe punishment from the aspect of the confirmation of illegal detention crime.The article argues that disability should not include minor injuries,and the degree of violence should exceed the scope of illegal detention.The degree of beatings and insults should be limited and should not exceed the harm degree of the crime of illegal detention;The fourth part from the Angle of prescription of prosecution of illegal detention crime,combined with judicial practice cases to analyze the prescription of prosecution in the illegal detention of the crime of the application of cognizance and difficult points dispute.The article holds that the application rate of prescription for prosecution of illegal detention crime in judicial practice is low and the court does not attach importance to interpretation of the law in the judgment documents.As a typical continuing offense,the crime of illegal detention should be determined accurately from the characteristics of the crime,and the termination point should be explicitly stipulated. |
