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随着经济的发展,债权债务纠纷大量出现,许多地方相继出现了靠扣押、拘禁债务人及其有关人员来收取债务的情况。对这种情况,我国《刑法》第238条第三款规定“:为索取债务非法扣押、拘禁他人的、依照前两款规定(即非法拘禁罪)定罪处罚。”刑法虽对这类情况明确规定为非法拘禁罪,但现实生活中犯罪情况复杂多样,《刑法》239条规定的绑架罪与索债型非法拘禁罪在犯罪手段上非常相似,两罪的法定刑区别又极大,因此正确区分两罪对实现司法公正极为重要。本文通过对个案的分析,以期能够对索债型非法拘禁罪认定中一些问题进行理清和解决。
With economic development, a great deal of disputes over claims and debts occurred. In many places, debts have been appealed by detaining or detaining debtors and their related personnel one after another. In this case, the third paragraph of Article 238 of the Criminal Law of the PRC stipulates that "criminal convictions and penalties shall be imposed in accordance with the provisions of the preceding two paragraphs (ie, illegal detention) in order to obtain unlawful seizure of debt and imprison others. The situation is clearly defined as the crime of illegal detention, but in real life crime is complex and diverse. The crime of kidnapping as stipulated in Article 239 of the Criminal Law is very similar in criminal means to the crime of detention and debt collection. The distinction between the two types of legal punishment is extremely great. Therefore, to correctly distinguish the two sins is of great importance to the realization of judicial justice. This article through the analysis of the case, with a view to be able to sort out and solve some problems in the identification of the crime of illegal detention.