On The Coercive Act In Chinese Criminal Law

Research about coercive act is not enough in Chinese criminal theory. Theexisting research focuses on respectively discussing the problems about constitutiverequirements, definition and possible incriminate independently, etc. But the academicgroup didn’t organize systematically, discriminate, draw a qualitative conclusion andhardly mention the significance for study and practice on coercive act. There are twofollowing positive meanings of studying coercive act systematically. Firstly, it canmake a distinction between coercive act and other behaviors, reveal the nature andprovide a sound theoretical basis; secondly, it could offer some effective guides to thepractice. Theories need to be tested by practice and then direct practice ultimately.Improving and perfecting the theory aims at guiding practice, confirming a singlestandard about how to understand and define the coercive act and incriminate topromote the progress of judicial practice.Researching the coercive act need to make\the Chinese Criminal Law asstarting-point. Although there are more than ten charges about coercive act in currentcriminal provisions, none of them define the meaning and feature. Therefore, it mustset about analyzing and classifying the concrete accusation about coercive act inspecific provisions of criminal law, and then generalize the commonness tounderstand clearly and particular based on the stepwise analysis and summation.The foreign theory of coercive act is more perfect, so this paper base on thecommonness and characteristic in Chinese criminal law to introduce and borrowforeign theory for improve the domestic theory. The qualitative from foreign academiccontains generalized doctrine, narrowed doctrine, the doctrine of subjective feelingand narrowest doctrine. The narrowest doctrine is worth introducing and borrowingwhich defines the coercive act both from perpetrator and victim and meets Chinesecriminal law system and spirit.For a unified understanding and identified theory, the methods of cognizing,incriminating and measuring the penalty could be presented to solve practicalproblems related the coercive act.