The Distinction Between The Crime Of Illegal Detention For Debt And The Crime Of Kidnapping For Extortion

In today’s booming commodity economy,various credit businesses are emerging one after another,and the corresponding spirit of contract is particularly important.But at the same time,debt collection methods that deviate from the spirit of the contract have also emerged,with common debt collection methods in practice such as illegal detention and kidnapping of others as hostages.Generally speaking,the illegal detention of others through violent means has a certain purpose,and there are few who illegally detain others solely to restrict their personal freedom.Most perpetrators use the violent means of illegal detention to claim debts.In judicial practice,there are many problems and troubles in the trial of cases involving debt claims.In the specific determination of charges,there is a situation where the crime of illegal detention based on debt claims is mixed with the crime of kidnapping based on extortion,which leads to the situation of different judgments in similar or even identical cases.Based on the above judicial practice issues,this article conducts in-depth research on the distinction between the crime of illegal detention for debt and the crime of kidnapping for extortion.Specifically,Chapter 1 starts with the legislative and judicial status of the crime of debt based illegal detention,explores the legislative overview and legislative value of Article 238 of the Criminal Law regarding the conviction of illegal detention for debt based illegal detention and detention of others,and deeply understands the trial status of debt based illegal detention.The judge expanded the interpretation of the elements in the constituent elements of the crime of illegal detention for debt claims,thereby determining that the perpetrator illegally restricted the personal freedom of others based on the subjective purpose of debt claims and excluded the application of the crime of kidnapping,in order to achieve a lighter sentence.When distinguishing between the crime of illegal detention based on debt demands and the crime of kidnapping based on extortion,theoretical and practical circles often apply the crime of illegal detention based on various considerations.Chapter 2 analyzes the substantive boundary points between the crime of illegal detention for debt and the crime of kidnapping for extortion,systematically sorts out from the perspective of the substantive boundary points,and proposes specific applicable rules for distinguishing the two crimes in judicial practice.When trying practical cases of the crime of illegal detention for debt and kidnapping for extortion,it is necessary to first understand the subjective purpose of the perpetrator and the facts involved in the degree of violence of the criminal act.Then,the above two aspects should be evaluated separately to determine the degree of illegality of each part.Finally,the interaction between the two parts should be comprehensively analyzed to achieve the purpose of distinguishing between the crime of illegal detention for debt and kidnapping for extortion.Chapter 3 analyzes and demonstrates the problems encountered in the process of distinguishing between the crime of illegal detention for debt and the crime of kidnapping for extortion from the perspective of judicial practice,including the study of the scope of debt,the object of behavior,and related issues of joint crime.The following fourth chapter is based on the research on the legislative purpose,substantive boundary points,and practical problems of the crime of illegal detention for debt,and proposes corresponding solutions to the boundary problem between the crime of illegal detention for debt and the crime of kidnapping for extortion,promoting the further refinement of conviction in judicial practice.