An Empirical Analysis And Normative Research On The Conviction And Sentencing Of The Crime Of Illegal Detention

Today there is a growing concern for the protection of human rights.The crime of illegal detention is necessary to be discussed as a crime against the personal rights of citizens,and the practical situation of its rules of conviction and sentencing needs to be urgently discovered.This paper attempts to conduct an empirical study of the judicial practice of this crime as shown in 1,110 judgments by meticulously sorting out the core controversies of this crime,to explore suggestions for the improvement of the rules of conviction and the standardization of sentencing.In short,the core of the proposition includes the following five points: first,the understanding of the object of this crime personal freedom;second,the determination of the objective behavior;third,the decision of the incrimination criteria for this crime;fourth,the identification of the particular type of debt-soliciting illegal detention;fifth,the discovery of the sentencing rules and their influencing factors in the judicial practice of this crime.The text is divided into four parts totaling over 60,000 words in addition to the preface and concluding remarks.The first part introduces the controversy of five core controversial issues of illegal detention crime.First is the understanding of personal freedom,including whether the scope of this crime is to be restricted,and the debate between possible freedom and freedom of reality;second is the discussion of objective behavior,mainly around the type of behavior,the specific manner of behavior is discussed but not unified;then is the crime incriminated standard there is the difficulty of the border blur.The first two are a study of the nature of illegal detention in this crime,and the incrimination criteria belong to the study of degree,which constitutes the nature and extent of this crime should be achieved.Once again,the identification of the type of debt,involving the nature of the debt,the object of the crime and other factors,scholars are far from a consensus;finally,the sentencing rules are not yet known in practice,and sentencing factors vary.In the second part,an empirical analysis of the conviction for this crime is conducted.The quantitative research method of descriptive statistical analysis is used to examines the characteristics of judicial practice determination and the application of various theoretical doctrines in practice.In judicial practice,illegal detention cases are characterized by a high application rate of the crime,unlimited types of conduct,diversified forms of behavior,and unclear consideration of the incrimination criteria;at the same time,there are problems of arbitrary decision due to vague content of personal freedom,confusion due to indefinite boundaries of types of behavior,inconsistent determination due to neglect of incrimination criteria,and expanded application due to diversified forms of debt collection.In the third part,a regression analysis is conducted for the sentencing of this crime.We used the binary LOGISTIC regression analysis method and the multiple linear regression analysis method in SPSS software to construct a mathematical model to analyze the influence of sentencing factors such as the nature of the gang,the duration of detention,and surrender,and their degrees,in order to discover the practical rules of the type of sentence,the length of sentence,and the probation of this crime.The constructed model fits well with the practice data,reflecting that surrender is the only significant influential factor in the selection of the type of sentence for this crime;in terms of the term of imprisonment,the term of imprisonment is shorter when there are circumstances of debt solicitation,surrender,guilty plea and repentance;when the number of victims in the case is large,the number of detentions is large,or the Gang crimes,causing serious injury,causing death,and the length of detention.The term of imprisonment is easy to increase;in the application of probation,there is surrender,confession,plea of guilty,repentance,obtain understanding,criminal settlement,serious injury factors,more inclined to apply probation;conversely,the longer there is a previous conviction or detention,the more difficult it is to be applied to probation.At the same time,the following problems exist in sentencing practice: in the choice of sentence,ignoring the impact of harmful results on the type of sentence.In the length of sentence,the starting point of sentencing for cases resulting in the death of the victim is much lower than the provisions of the sentencing guidelines;the influencing factor of debt collection plays a negative role in the length of sentence in the absence of clear legal provisions.In the application of probation,the consideration of the result of serious injury is inconsistent with the provisions of criminal law,and it is easier to apply probation when the result of serious injury occurs.The fourth part is the perfection of the rules of conviction for illegal detention and the recommendations for the standardization of sentencing.When convicted,the object and objective aspects of the crime should follow the rules of "personal freedom → behavior → length → other circumstances",firstly,the freedom of movement of the person with the ability to move around the place is judged to be infringed;then the victim is prevented from normal social interaction and loses the ability to maintain basic life.Then must consider the length of detention as a factor,the instantaneous behavior is unlikely to constitute the crime,but the length of time no specific indicators,to be analyzed in conjunction with the case;finally,in the length of detention is difficult to evaluate the crime,before considering other circumstances as an auxiliary judgment factors,the specific circumstances are mainly beatings and insults,the number of detainees,the number of detentions.In addition,for the debt type illegal detention cases,claiming a legitimate debt,may constitute the crime of illegal detention;claiming the debt not protected by law,only the detention of the debtor and to his own debt,detention of debt associated with the debtor to claim the debt of these two forms may constitute the crime of illegal detention.In terms of sentencing,it is recommended that the sentencing aspect should face up to the role of harmful results and arrive at a prediction formula for the term of imprisonment with harmful results as the base fact;at the same time,the influential role of each sentencing factor should be distinguished;the circumstances of assault and insult stipulated in the criminal law should not be omitted.