The Research On The Forced Behavior In The Criminal Law

In the criminal law，forced behavior is a definition about Special properties.forced behavior violates the law profit by the threat of others, it is not out of self willcompletely, this has also decided the difference between general with the crimes andit. Because the will of others is over the behavior of duress, so we can’t perform itsimply with negative evaluation, we should analyze it in specialty.For centuries, forced behavior to the legal nature of both in the continental lawsystem or common law of theory is a dispute continuously. It and an emergency sothat are similar to the behavior of the research is forced to more difficult. Duress isthe subject of an independent nature of the legal measure of legal interest, forcedbehavior negates the offense, or negates or mitigation of responsibility, which is thedual nature of the legal nature of the duress. The basis of dual legal property mustfollow is the obvious advantage of legal interests principle, only the protection ofFrance benefits significantly greater than the infringement of legal interests toexclude illegal, the addition can only be forced to behavior negates the responsibility,or simply reduce the responsibility. Forced to behavior differs from necessity,different from the provisions of the Criminal Law coerced offender, it is the legalsubject of an independent and complex property.Forced behavior has a dual legal property, and its formation is conditional. Stresssources and stress of the extent to which all affect the duress is whether to establish astress at the same time what objects and stress with the reality and urgency are forcedto acts established. But not with those forced to behavior is bound to set up, even iffully equipped with the above conditions, but deliberately exposed himself to dangeror has a special responsibility to exclude duress was established, the behavior can notbe excluded in this case, the responsibility, not to mention the theory to excludeillegality.