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On The Coercion Of The Criminal Law

Posted on:2012-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:C CuiFull Text:PDF
GTID:2166330335488203Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are many methods of crime stipulated in the specific provisions of Criminal Law, which can generally be characterized by violence and nonviolence, including violence, coercion, threat, compulsion, compel, entice etc. Coercion occupies the special position between crude violence and pure deception, therefore is hard to differentiate from other methods. However, the significance of coercion is nothing less than violence. Compared with violence, coercion is harder to discover, obtain evidence and ascertain criminal responsibility. Hence, crimes completed by coercion are never fewer than those completed by violence, but more instead.This paper takes coercion as the whole, extracts all the"coercion"involved in the Criminal Law, goes over and summarizes each method respectively. Furthermore, it also probes deeply into the definition of coercion, coercion expression, difference between coercion of crimes and the role that coercion plays in conviction and sentencing.Besides the introduction, the article is divided into four sections:Section One– The definition of coercion and related concepts differentiation. At first, the origin of coercion in law is introduced briefly. Next,"coercion"in national criminal law is defined and it is pointed out that the coercion discussed in this paper not only includes"coercion","threat","compel"and other acts clearly stipulated in the law, but also includes those coercion acts might happen in actual situations. Finally, starting with the definition of coercion, it tells apart relevant concepts. Thereby, a clearer awareness of the coercion in criminal law is raised.Section Two– Coercion expression. Firstly, it introduces how coercion crimes are stipulated in Japan and Germany. Secondly, it concludes all of the crimes that are conducted by coercion in the Specific Provisions of criminal law. Besides, a diagram is used to demonstrate the distribution of coercion in the law and all kinds of standards are employed to classify coercion.Section Three– Effect factors and criteria of coercion extent. In this part, it mainly discusses influences of coercion extent from seven aspects. Next, it analyzes the criteria of coercion extent in judiciary practice. By combining the subjective and objective standard, not only can the judicial efficiency be improved, but realize case justice.Section Four– The role coercion plays in conviction and sentencing. Through analysis of coercion among different crimes, it discusses how coercion and coercion extent influence upon crime and non-crime, different charges and sentencing. Eventually, it discusses frequently appeared"in serious cases"in criminal law and concludes that it might have had impact on conviction and sentencing in many crimes.
Keywords/Search Tags:coercion, coercion expression, effect factors, conviction and sentencing
PDF Full Text Request
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