索债型非法拘禁行为浅析

On the Study of the Unlawful Detention for Debts

索债型非法拘禁行为是因索要债务引发的特殊行为,刑法及司法解释认为合法债务和非法债务都能导致非法拘禁罪。这一规定存在一些不足,应当对刑法及相关司法解释进行适当修改,将合法债务与非法债务区分开来,并且修改绑架罪的规定以纠正量刑不公问题。通过对债务、行为的具体分析对索债型非法拘禁行为进行定性。

Unlawful detention for debts which comes from claiming of debts is a special type of action, Our criminal law and the judicial department think that both legal debts and illegal debts can lead to illegal confinement. There are several weak points in this rule. so the interpretation of criminal law and judicature should be modified. The legal debts and illegal debts should be distinguished, and the article of kidnapping crime should be modified, By analysing the debts and action, we can determine the nature of the unlawful detention for debts,