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本文指出,非法拘禁罪的认定要以对其犯罪构成的分析为基础,立法上的不完善使得司法实践中的罪名认定困惑诸多,突出表现在对非法拘禁时间长短的把握、法律款项间关系的认知上。索债型非法拘禁行为的定位也有许多值得商榷之处。
This article points out that the identification of the crime of illegal detention should be based on the analysis of the constitution of its crimes. The imperfection of legislation makes the recognition of charges in judicial practice a great deal of confusion, which is manifested in the grasping of the length of illegal detention and the relationship between legal funds Cognitively. There are also many open questions about the location of cable bondage illegal detention.