司法实践中,绑架罪和非法拘禁罪发生关联并导致认定困难的情况出现在为索取债务而扣押、拘禁他人的场合(本文称之为“索债型”绑架)。基于法定刑设置的不同,绑架罪属于重罪而非法拘禁罪则属于轻罪,因此如何准确区分和认定两个罪名具有很强的现实意义,需认真研究。 In judicial practice, the connection between kidnapping crime and illegal detention and resulting in the identification of difficulties occurs when the person seized or detained in order to obtain the debt (hereinafter referred to as the “debt collection”). Because of the setting of statutory punishment, the crime of kidnapping belongs to felony and the crime of unlawful detention is a misdemeanor. Therefore, it is of great practical significance to accurately distinguish and recognize both offenses.