浅谈索债型非法拘禁罪中的“索”“债”

Discussion on Behalf Type Illegal Detention Sin "Claim" "Debt"

索债型的非法拘禁罪,是随着我国社会发展所形成的一种特殊的非法拘禁罪,这种情形的出现引发了法学界不同学者的纷争。通过对索债型非法拘禁罪的概念、特征、存在依据和索债型非法拘禁罪的司法认定等一系列问题来分析索债型非法拘禁罪的法条内涵以及关于其的建议和完善措施。对于索债型的非法拘禁罪的研究有助于丰富我国非法拘禁罪的理论,能更加清楚明确地追究犯罪人的刑事责任,有助于我国的司法实践。刑法中还没有对于索债型非法拘禁罪进行具体规定,我国刑法应尽快对索债型非法拘禁罪的问题做出具体详细的规定,从而完善我国非法拘禁罪的理论。

Type had the crime of illegal detention, is along with the social development formed a spe- cial kind of crime of illegal detention, the emergence of this situation cause the legal science, different scholars thought that crime should be classified as crime of illegal detention, also some people think that this crime should be classified as kidnapping, here, we want to make a clear distinction between the boundaries of the crime of illegal detention and kidnapping, realize this kind of behavior as the cause of the crime of illegal detention. This article through to had the concept of the crime of illegal detention, characteristics and existing basis and had a series of problems such as the crime of illegal detention of justice to analyze type had the law nature of crime of illegal detention and on their Suggestions and im- provement measures. In type had the crime of illegal detention of research helps to enrich theory of un- lawful detention crime in our country, can more clearly the criminal responsibility shall be investigated for criminal, to help the judicial practice of our country. In criminal law is not specific provisions for the crime of illegal detention had type, Chinese criminal law should be as soon as possible to the crime of il- legal detention problems had make detailed rules in detail, so as to perfect our country the theory of crime of illegal detention.