论文部分内容阅读
非法拘禁罪与绑架罪的本质区别,在于行为类型与犯罪手段的差异。囿于立法原意及罪行相适应原则,司法实践中似乎以是否存在债权债务关系作为界定两罪的唯一标准,甚至不考虑债的客观性与相对性,泛化适用非法拘禁罪。由此有必要对索债型案件从注重非法拘禁罪与绑架罪的本质差异和明确“债”的范围两方面出发,对非法拘禁罪的适用予以限制。
The essence of the difference between the illegal detention and the crime of kidnapping lies in the difference between the type of behavior and the means of crime. As to the principle of legislation and crime, the judicial practice seems to be the only criterion for defining the two crimes based on the existence of the relationship between creditor’s rights and debts. It does not even consider the objectivity and relativity of the debt and generalizes the crime of illegal detention. Therefore, it is necessary to limit the application of the crime of illegal detention from the point of paying attention to the essential difference between the crime of detention and kidnapping and the range of “debt”.