Comparative Study On Duress

Duress theory in common law criminal law with independent legal status, according to the law was a general defense of coercion is one of, if the defendant's conduct was consistent with the legal elements of coercion, the defendant finally available Disclaimer. In China, the criminal law is not clear is the legal concept of coercion, but coercion can be coerced offender's behavior in China demonstrated. However, foreign regulations and the duress on Rehictant our rules very different, my country is coerced offender in accordance with the circumstances of his crime mitigated punishment or be exempted from punishment. In addition, scholars believe that the foreign conduct should be coerced into our emergency hedge theory, they believe the perpetrator was the implementation of coercion as a hedge to avoid acts of self-harm should be in accordance with the relevant rules of emergency actions treatment. The author believes that foreign country by coercion and the emergency hedge is completely different areas, can not be mixed up. This judicial practice based on solving the problem, will be foreign coercion and our emergency hedging theory and the theory of comparative study coerced offender tries to construct our theory of coerced behavior.In this article, the introductory section, the total is divided into three sections:The first chapter discusses the duress in all legal systems of the phenomenon. Before the analysis of the phenomenon, this article was first made a definition of coercion, which means other people from the threat of violence, the implementation of psychological behavior, and this behavior is dangerous for the manufacturer explicitly inform the third party to implement of. In common law countries, was coercion as a legitimate defense exists. United States, Britain, Canada, Malaysia, India and other countries as an independent exemptions exist. In civil law countries, although there was coercion given independent legal status, but their integration into necessity, and with reference to the relevant provisions of the emergency hedge exempted from punishment or mitigated punishment. (Here we note that the civil law countries of Rescue and Emergency hedge our content is not the same, the scope of their emergency hedge than my scope.)The second chapter discusses the concept of coerced behavior and composition of elements, followed by analysis of the nature of the coerced and the theoretical basis of behavior. By coercion on the composition of the main elements of the content from the stress, the source of stress, stress point to the content, stress time, stress level and restrictions that apply to other aspects discussed. Duress is a defense available to the subject of forgiveness, why are forgiven because of the nature of humanity while avoiding disadvantages, Liberty will be suppressed and utilitarian punishment.Chapter III is first foreign coercion and the act of rescue and China were coerced offender behavior compared, from the microscopic point of view of their similarities and differences between. Then compared among the analysis of their relationship, with the icon means that three different legal systems and the relationship among China's legal system and status. In the common law system, and emergency actions were independent of each other coercive acts, coercion in civil law countries are being included in the emergency hedge, hedging and Rehictant emergency in our country independent of each other, and are subordinate to coercion coerced offender behavior. After the analysis of their mutual relations, discussed by foreign coercion theory significance in China. Since China has not been intimidation of independent areas, therefore, can be tight when the person by another person's death or the risk of serious bodily injury is coerced to participate infringes upon legitimate rights and interests of this behavior Can Zhao hedge our emergency provisions as, making the processing of non-crimes, the perpetrator will be excluded from such outside coerced offender.