Comparative Study On Act Under Coercive

Act under coercive is not a strict concept in the Science of Criminal Law, in the Anglo-American Criminal Law, duress is one of the defences, In the criminal law of Continental Law System, there is no "duress". So, here we discuss it in the meaning of the Criminology, that is, the act which caused by threats infringes the rights of other people. Criminal law ranks act under coercive as crime or non-crime. On the legal grounds on denying the criminality of act under coercive, there are a lot of differences between two law systems. So compare the relative regulations, research the different positions of act under coercive in two law systems, analyse the reason that act under coercive being regarded as crime or non-crime, is very helpful to our criminal law.Besides Introduction and Epilogue, this dissertation is divided into 4 Chapters. Chapter 1 classifies the act under coercive by two standers, then introduces the legal grounds on denying the criminality of act under coercive briefly. Chapter 2 elaborates on the crime boundary of the act under coercive in two law systems, focuses on duress; act of rescue, and anticipated possibility theory. Chapter 3 compares the same or relative regulations in two law systems, and analyses the differences. Chapter 4 reviews our own criminal law, reflects and makes some suggestions.