Criminal Law Nature Of Study On Act Under Coercive

Coerced act as a criminal law concept first appeared in the criminal law of common lawcountries. In common law, the coerced act was firstly advocated in order to protect thelegitimate rights and interests of the accused in criminal proceedings, which is a legitimatejustification. With the development of criminal law theory, the coerced act is introduced intothe substantive law as the legal justification for the maintenance of rights of the accused,together with a minor, mentally ill, that the victim consented, and euthanasia. The coerced act,a people suffered the perpetrator of coercion by others who reduce the free choice andimplements the criminal act, which infringe the legal interests, according to certain conditions,is the legitimate defense act. However, neither the common law theory of criminal law or civillaw criminal law theory, coercive behavior is a very controversial topic which is the mostdifficult to define and justify the defenses. The definition and the legal nature of the coerciveact are the focus of controversy. Because, firstly, due to the emergency defenses under duressor justify a similar stress behavior, why can become a forgivable subject matter iscontroversial; Secondly, even if the coercive act is forgivable type of the subject, it is also thetype of subject matter and the forgivable, because it is with a voluntary, rational, and with fullawareness of the behavior to give forgiveness, there is a big difference crime.However, in Chinese criminal law theory the coercive act is a crime negated cause; thesubject of the study did not pay too much attention to it. Few in-depth studies refer the legalnature of the coercive act, but to focus on the coercive acts constitute a common criminalpunishment. People’s Republic of China28of the Penal Code provides:"For being coerced toparticipate in a crime, shall be in accordance with the circumstances of his crime mitigatedpunishment or be exempted from punishment." Although the section seems to the provisionsof the punishment of coerced behavior, the requirement is too abstract, for which the stressacts constitute coerced offender, the coercive act of the emergency and how to interpret thehedge over and coerced offender’s punishment. Then the coercive behavior in our criminallaw theory is almost a blank state, which is behind the of the criminal law theory of Westerncountries.This article is divided into five parts. The first part of the theory from being coercedbehavior basics, the theory through analyzes the coercive behavior according to the theoretical,which supports a more thorough study is the nature of the coercive act. The second part analyzes the coercive act of the legislative provisions in different countries and theoreticalresearch, as well as the nature about the coercive behavior in different countries. The thirdpart of the study the coercive behavior in the criminal law concept and composition to clarifythe understanding of the coercive act. The fourth part focuses on the coercive behaviorresearch in the past view, and finally come to my own point of view, rational analysis ofcoercive behavior of the criminal law nature. The fifth part by the duress analysis, theprovisions of reflection on the coercive behavior, positioning clarify the stress behavior in theCriminal Code, think of the problems and put forward a reasonable proposal.