行为人与被害人之间是否存在债权债务关系是区分非法拘禁罪与绑架罪的重要标准,而对于“债务”的认定学界和司法实践并未有统一标准。合法债务应当以符合民法规定为标准;非法债务不同于违法债务;超过实际数额的债务视具体情形而定,不能一概而论;根本不存在的债务分虚构之债与假想之债分别加以认定;难以查清的债务以双方是否具有形成债权债务关系的真实性为判断基础。 The existence of the creditor ’s rights and debts relationship between the perpetrator and the victim is an important standard to distinguish the crime of illegal detention and kidnapping, and there is no uniform standard for the academic and judicial practice of “debt”. Legal debt should be in accordance with the provisions of the civil law as a standard; illegal debt is different from illegal debt; more than the actual amount of debt, depending on the circumstances, can not be generalized; non-existent debt sub-imaginary debt and imaginary debt were identified; difficult to check Clear debt is based on the authenticity of whether the two parties have the relationship of forming claims and debts.