@article{ART001553991},
author={오창식},
title={Legal study on the Illegal Detention Crime in the People's Republic of China},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={51},
pages={135-169}
TY - JOUR
AU - 오창식
TI - Legal study on the Illegal Detention Crime in the People's Republic of China
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 51
PB - The Institute for Legal Studies Dong-A University
SP - 135
EP - 169
SN - 1225-3405
AB - According to the criminal law of the People's Republic of China, The Illegal Detention Crime is the behavior of illegal detain others or illegal deprive liberty rights of others by other means. There is one case of illegal detain others for debts, and it is called “Crime of illegal Detention for debts”. It is not an independent crime, but a special circumstance of the illegal Detention Crime. But there are many disputes in the theoretics and justice Practice. Dealing with the complicated situation of justice Practice, Chinese Law enforcements have problems in determining the nature of that sort of crime. Furthermore, It's much more difficult for foreign investors just like Korean merchants who lack of chinese legal knowledge to tell Illegal detention crime from legal action toward an insolvent debtor. Because of this facts, Many korean suffered from the pain of detain, but could not have proper release. with resolving similar cases in justice Practice and comparative analysis methods, this paper is about to introduce the concept the chinese detention crime and related problems to some groups who want to know the realities of chinese investment environment and legal problems.
This paper is composed of six elements:Part one quotes the reasons of Detention crime, and then point out the problems between koreans merchants and chinese government attitude.
Part two introduces the legal determination changes about Detention Crime and law interpretation.
Part three analyzes the ingredients of Detention Crime.
Part four makes comparative analysis between Detention Crime and Similar crimes.
Part five indicates proper debt problems in Detention Crime.
Part six makes a brief comparison about Kidnapping Crime.
KW - Crime of Illegal Detention for Debts;elements of a crime;detention time;the type of debt;Crime of Kidnapping
DO -
UR -
ER -
오창식. (2011). Legal study on the Illegal Detention Crime in the People's Republic of China. DONG-A LAW REVIEW, 51, 135-169.
오창식. 2011, "Legal study on the Illegal Detention Crime in the People's Republic of China", DONG-A LAW REVIEW, no.51, pp.135-169.
오창식 "Legal study on the Illegal Detention Crime in the People's Republic of China" DONG-A LAW REVIEW 51 pp.135-169 (2011) : 135.
오창식. Legal study on the Illegal Detention Crime in the People's Republic of China. 2011; 51 : 135-169.
오창식. "Legal study on the Illegal Detention Crime in the People's Republic of China" DONG-A LAW REVIEW no.51(2011) : 135-169.
오창식. Legal study on the Illegal Detention Crime in the People's Republic of China. DONG-A LAW REVIEW, 51, 135-169.
오창식. Legal study on the Illegal Detention Crime in the People's Republic of China. DONG-A LAW REVIEW. 2011; 51 135-169.
오창식. Legal study on the Illegal Detention Crime in the People's Republic of China. 2011; 51 : 135-169.
오창식. "Legal study on the Illegal Detention Crime in the People's Republic of China" DONG-A LAW REVIEW no.51(2011) : 135-169.
