刑法上法律不予保护的债务之界定

The Definition of Debts Unprotected by Law in Criminal Law

法律不予保护的债务是非法拘禁罪与绑架罪的定罪之关键,有必要进行清晰界定。通过对法律不予保护的债务特征的归纳,总结出其定义:指在构成形式上与合法债务相似,与肯定性法律评价相对,并存在一定主张依据的财产关系。实践中存在的主要类型包括超过诉讼时效的债务、高利贷、不法行为产生的债务等形式。

The debts unprotected by law make difference to the definition between the crime of unlawful detention and kidnapping. It＇s essential to definite the debts unprotected by law. By summarizing its characteristics we have its definition ： the property relations have basis to claim,whose form of composition is similar with legal debts,whose legal evaluation is opposite to the positive legal evaluation. Its major types conclude the debts which are out of the limitation of action, usurious loan and the debts created by illegal behaviors.