On Coercion Behavior Of Criminal Law

Based on our current criminal law as the starting point, this paper will stress behavior as a whole, the general provisions and specific provisions of criminal law involved in the crime are extracted from all the "coercion" as the research object, focus on coercion behavior of some basic problems in the criminal law, make people understanding of coercion behavior become more clear, specific, stress behavior, to the judicial practice, provide effective guidance. This paper mainly divided into three parts.The first part mainly is an overview of coercion. Through to the continental law system and Anglo-American law system involved in coercion specification interpretation, from the content of the coercion and the extent of coercion and extracted the commonness and difference of rules on the coercion behavior rules. On this basis, the author combined with the present legislation in our country, by means of intimidation and violence, intimidation and threats and coercion and force, force of these three groups of similar concepts, points out that the specific meaning of the coercion on the punishment law is: "to make the victim to produce psychological fear or forming force, hinder its meaning volunteers decided to free and exert the evil evils to behavior."The second part of this article about the degree of coercion. We discussed the coercion in the general provisions of criminal law and the coercion in the specific provisions of criminal law. The author thinks, the degree of coercion in the general rules should be understanding as long as sufficient to suppress the other will to give full play to its degree of freedom, and take the benefits balance methods for determining the reach to suppress the other means the degree of freedom. And the degree of coercion in specific provisions has minimum and maximum, A minimum is the minimum ordering the victim to produce psychological fear, and let those coercion based on fear to implement a certain act or omission is the highest limit. As for the coercion level in the specific provisions, in my opinion not "one size fits all" said simply choose the competent or objective standards, but should be based on the different types of judgments for the coercion crime violations of the specific method.The third part mainly revolves around the determination of coercion in the criminal law. This section on a unified understanding of coercion behavior, then put forward some methods for the determination of coercion in the criminal law. That is specific to the general provisions of criminal law stress from the external performance and the substance of coercion behavior, determine whether coercion exists objectively, whether to form a spiritual force. For part of the coercion behavior, should be strictly according to the coercion of subject and object, the purpose of coercion, the factors such as content and the way to comprehensive examination and approval.