Research On Coercion Behavior Of Criminal Law

Most of the crime methods is adopts the violent methods with injures directly in our country's criminal law stipulated, while some of which the victim implement violation not directly resorts to the force, but with the coercion methods to produce fears and spiritual compulsion, then force the victim to obey. The common characteristics of this kind of crime in the objective aspects are: the criminal offenders have all used coercion methods such as his own physical strength, the grasping instrument as well as in the status, the status relative superiority in psychological to the victim in varying degrees, make the victim disobey their will to do or not to do certain behavior. As the psychological compulsion is invisible and does not like the direct violence that can be detect and recognize easily, it also brings difficulties for the detection and adjudgement, and because it may developing to continuous tendency thus have seriously social hazardous and bring mental injury to victim as the force action brings to body. Therefore, researches of the coercion methods thoroughly not only help us to recognize this kind of crime correctly, but also have significance meaning to the conviction and sentence. However, the research of coercion behavior is insufficiently in our country's criminal law theory circle, so I boldly and cautiously enter this stretch of open land, through systematic research to the coercion behavior, expect to benefit for the criminal law theory circle and the judicial practical circle.This article has conducted systematic and thorough research to coercion behavior in the criminal law, mainly divides into four parts:Part 1:This part mainly introduce the stipulation and understanding of coercion in main countries and local criminal law, put emphasis on Japanese, British and American, German and Hong Kong, and summarize the common characteristics of coercion behavior. Beside the idiographic stipulated coercion method, most of them also stipulated the coercion crime. Through the deep understanding of coercion in other countries and local in order to inspirited the limit and understanding of coercion behavior in our country's criminal law.Part 2:This part mainly introduce the definition of coercion in China's criminal law and divides into three aspects, the first one is definition of coercion in 9 crimes of China's criminal law which including three kinds approximately, Namely the crime violate state profit, the crime violate society profit and the crime violate the personal profit (mainly concentrate in this kind); The second aspect is the meanings and the characteristic of coercion, as the meaning of coercion is different in the different crime, according to the above, we may refer to the experience from foreign countries and define it from the generalized coercion and the narrow sense coercion, while I concentrate it in the narrow sense coercion in this article; The third aspect is the types of coercion, coercion can divide into different type s according to different standards, this article mainly introduce the violent coercion and the nonviolent coercion, the clear coercion and the suggestion coercion, the legal coercion and illegal coercion, the achieved coercion and did not achieved coercion, etc.Part 3: This part mainly introduces the difference between Coercion behavior and violent behavior. The violence and the coercion is frequently relates in together as the crime method, moreover, the difference between is hard to distinguish in many situations especially in the violence coercion situation. Therefore, it is necessary to understand the violence behavior comprehensively. This part divides into two aspects, the first aspect is the meanings and the characteristic of violence, the violence behavior which this article refers is one legal crime method, With in the criminal law general rule in violence crime and the criminology violence meaning is different; The second aspect is the difference between Coercion behavior and violence behavior.Part 4: This part mainly introduces the influence of coercion behavior to conviction and sentence. The coercion as an important crime method, it has important influence both in conviction and sentence. On the aspects of conviction, whether it influence the crime, this crime and other crimes, one crime and numeral crime, etc. On the sentence aspect, it mainly carries on the elaboration from the personal risks and the social hazardous, and has enumerated the actual case in order to enhance the persuasive power.