Study On The Nature Of Duress In Criminal Law

Duress refers to that under the threat of supressing actor's freedom of choosing behavior and against actor's own will, he/she implements the action that severely impairs the society. Cause the forced actor is mentally coerced,different from the completely free actor, as a result, the legal consequence that the forced actor shall bear is either innocent, or lenient or mitigating his/her criminal responsibility. The connotation of forced act is acurately comprehended through the analysis of the characteristics, conditions and types of forced act and etc. The forced act is characterized by duress and fairly social hazard. The forced act can be classified as under severe, medium or slight duress according to the degree, and under duress of human or nature in the light of the origin of duress.Although the concept of duress from the criminal theory of common law system, but its content is also recognized by civil law,just the nature of duress have different understanding between common law and civil law.there are the grounds for elimination of illegality and the grounds for elimination of liability In the criminal theory of civil law system.theory of grounds for elimination of illegality contains the Theory of Evaluation of legal interests,theory of State Objective and so on.there are evaluation of responsibility,evaluation of anticipated possibility and so on.in the criminal theory of common law system is justification and forgive.different theories are absorbing in recent years.Many theories are not completely different, in essence, have the same values.learning different ideas make us know profound understanding.However,in Our country,there are still many disputes about the connotation of duress.The main point of views are:theforce majeure,the necessity,the loss of volition.Duress is a strong theoretical problem, although the civil law and common law system has its own relevant theories which are some disputes. It is similar that behavior is legal between the grounds for elimination of illegality and justification,.the grounds for elimination of liability and forgiveness contain that acts is illegal, but not to condemn the perpetrator. Our theories can not interpret doctrine of duress in our country. Analysis of duress the necessity and Accomplice under duress make us profoundly learn duress.Duress is the grounds for elimination of liability which contains anticipated possibility ,the Principle of a Legally Prescribed Punishment for a Specified Crime, value of human right.