The Study On Duress

Duress is a kind of behavior that the actor can only act according to the meaning of coercion.In this case,facing the threat of death and serious injury,the actor has a little free will and the behavior is not in his control,so the criminal law can not simply punish the actor according to the clause.Zhang was kidnapped and was forced to kill somebody in 2015,and the event was attracted considerable attention.How to explain his behavior?Does he need to be criminally responsible for his behavior?Some people think that it belongs to coerced offender,Some people think that it is emergency hedge,and other people consider it as duress.Because of being in stress,the actor has a little free will.The theory of duress can summarize this behavior exactly.It is difficult for the actor to achieve a fair trial,if the judge hear a case according to the clause completely.This article will prove the significance of establishing the status of duress step by step.This article leads to the following investigation by using case analysis and contrast research.It will contrast Anglo American law system,continental law system and Chinese law system,in order to explore the theoretical basis,conditions,how to determine the nature and how to determine the status.The article analyzes the similarities and differences by comparing coerced offender with emergency hedge.It is so important to append the theory in the criminal law system of our country.This article introduces the relevant provisions of the two legal systems.The theory of duress first appeared in the Anglo American law system,and it was one of the defense.But different places had different rules.There are two categories of the theory of emergency hedge in German criminal law.The one is legal,and the other one can hinder the responsibility.Duress is considered to be a kind of emergency hedge,which can hinder the responsibility.The criminal law of South Korea is different from the Anglo American criminal law.South Korea think that it is presented as an extra-statute reason to hinder the responsibility.The scholars of our country have several views:encountering the force majeure,losing consciousness,being at risk.This article will point out the unreasonable places and make a summary of duress bycomparing and discussing.Because of some distinguish opinions,so the other focus of this article is to compare duress with coerced offender and emergency hedge.There is a measure of the boundaries in the theory of emergency hedge,but the theory of duress don't need that.If the actor commits a crime in order to protect the legal interest of country and group,criminal law is to encourage these behaviors.Coerced offender belongs to the accomplice theory,and takes effect slightly.The establishment of coerced offender is not required on the spot and urgency,being threat of death or serious injury,having a little free will.These are differences between duress and coerced offender.When duress is explained clearly,the case can be solved easily.Zhang can only choose to kill the victim by following the requirements of several criminals when he was confronting the threat of death.The criminal law can not require Zhang must sacrifice himself.Most people will choose to do like him.Therefore,the theory of duress is helpful to solve the similar cases in the judicial practice.It also can ensure the justice and maintain the stability.