The Forced Act In Criminal Law

This article mainly discussed the nature of the stress action, and the relocation problem in Chinese criminal law system. In continental law system and Anglo-American law system country criminal law theory, there are different opinions:the mainland legal system of criminal law mainly associated with emergency actions will be stress behavior, which think it is coerced behavior or affiliated with emergency actions, or as a similar concept and independent existence. Criminal law of Anglo-American law system in the main stress behavior as a forgivable reason, and imposes strict applicable conditions. On this basis,this article researches the nature of the stress behavior and the way of the punishment. The article firstly introduces the concept and characteristics of stress action, and then distinguishes with other similar concepts; From continental law system and Anglo-American law system and law provisions of the criminal law and theory research, this paper introduces the qualitative different views on the stress behavior, and judges it according to their own understanding, proposed own view, namely to be stress behavior should be classified according to different criteria, or that it is illegal to stop for or for liability to stop, or if the case constitutes a crime and not be no punishment. Finally, the article researches from the provisions of article28of the criminal law of China, and discusses the differences between the two concepts and the reason of cancling the duress stress behavior from the criminal law of reason.