A Significance Study On The Criminal Law Of Coercion Act

In Yinbin Sichuan province,a murder case raised intensive concern in 2015.Zhang Yingqi,the CEOs of Sichuan Yibin Yili Group and the richest man in this city,was kidnapped by four criminals and imposed a death threat,they forced him to pay 100 million yuan to save his life.In order to make things easy,the four criminals also forced Zhang Yinqi to participate in the murder of a Massage shop staff and took video of the murder process as an evidence to threat Zhang Yinqi pay the money in the future.After the case happened,whether a man being forced to kill someone should bear the corresponding legal responsibility or not raised a great discussion in the society.Whether the act of the rich constitute a crime or not,and constitute which kind of crime? In this case,the act of Zhang Yingqi also raised a discussion and controversy about “guilty or not guilty”.Some thought Zhang Yingqi and the four kidnap criminals' behavior had constituted a joint offense,and suspected of intentional homicide.Others thought Zhang Yingqi's act was in the case of hostage was forced to take the “act of rescue”,and he surrendered in time,so he should be exempt from punishment.In order to accurately identify the case,it is necessary to carry out the relevant legal analysis of such cases.This paper mainly analysis the rich man murder case in Yibin and explain the relevant legal questions.The paper is divided into five parts.The introduction section mentioned the research purpose,the significance,domestic and foreign research status and the research method.The second section deals with the basic case,including basic facts and judicial decision.And then put forward the focus of the dispute in this case,leading to coercion to kill whether the forced murder constitutes a guilty or not.The third section states the act under coercion,including the concept of coercion and the establishment of elements.In this section the paper combs the concept of six kinds of coercive act proposed by criminal law scholars.On the basis of summarizing these concepts,the paper will give an summarize of the concept of coercion act.At the same time,it is necessary to put forward the four presuppositions to meet the establishment of coercion act: prerequisites,subjective conditions,behavioral conditions and urgency conditions.The forth section mainly analyzes the domestic determination of the nature of coercion.Some scholars suggest that coercion is an act of rescue.Some believe that coercion act should be identified as threatening offenders.And others put forward we should use the expectation possibility theory to analysis the coercion act.This part will give a brief introduction of act of rescue,threatening offender and expectation possibility,and then analyze the similarities and differences between coercion act and the act of rescue,the relationship between coercion act and threatening offenders and the coercion act under the view of expectation possibility.The fifth section will analyze the murder case of Yibin with the legal theory,and using the theories of coerced accomplice,act of rescue and expectation possibility to make a detail analyze of the murder,and through the combination of theory and case to analyze whether Zhang Yingqi's act constitutes a crime and whether he should bear the legal responsibility.The author closely combined the theory and the case to analysis this case.Based on the fact of the case,the author discussed the involving theories to have an accurate identify of the case.Through this case analysis,I hope it can have a benefit to solving the problem of determine the nature of the case,and have a better understanding of the relevant theoretical problems of such cases.