On The Coercion In The Specific Provisions Of Chinese Criminal Law

Violence and coercion is the most common means of crime in the specific provisions of Chinese criminal law. With the development of economy and society, coercion behavior, which is easy to cover, easy to master and easy to implement, has replaced violence to become the most popular criminal means. As a means of crime, coercion is very common in judicial practice. However, the study of coercion is rarely in China while the study of violence is lots, specific and deeply. Coercion behaviors disperse in the specific provisions of Chinese criminal law. But throughout all of the criminal law and judicial explanation, there is no provisions specific to clarify the nature of coercion behavior. Therefore, there has a lot of confusion in judicial practice: what is the coercion, how to cognize the coercion and how coercion affects the conviction and sentencing.In this paper, we will list all the coercion behavior that appeared in the provision of criminal law. We think "Threats " is the same to "coercion ", "force " 、 "enforcement " 、 "mandatory" contains the meaning of coercion, and there are a number of counts of the provisions that seems no "coercion " but actual contain coercion behaviors, such as the Racketeering sin. To sum up, there are at least 39 charges containing "coercion" in the criminal law. In these 39 charges, we will discuss the connotation and characteristics of coercion. "Coercion behavior" means someone who wants to achieve the purpose of criminals, inform the victim of harming his right, to have him terrified and force him. Coercion behavior characterized by serious social harm、the diversity of form and content、the specificity of the object、the content of certainty and the urgency of the degree of coercion. On this basis, we combine the understanding of theory and practices abroad, classify for the coercion behavior by the degree of coercion to the coercion which make others terrified and the coercion which is sufficient to suppress revolt. The former means inform the damage to make someone fear. The latter means inform the damage to make someone fear and cannot resistance. Besides, this paper has a further analysis of the nature of coercion behavior, we think the subject of coercion is the perpetrators, the object of coercion is limited to the natural, the content of coercion is to infringe the rights of others, act is the only behavior form, and make others terrified is the lowest requirements for the degree. The last, this paper analyzes the important effects of coercion in conviction and sentencing. For this paper, we hope to attract more scholars to research the coercion behavior. We hope to make a guide to the judicial practice by this paper as well.