Anatomy On The Forced Action

The forced action is a simple and complex action.The reason why the forced action is a simple action is that the forced action in the social life is very common,and the public is also very familiar with it,and we could distinguish it by the use of social common sense;the reason why the forced action is a complex action,is that the forced action in the criminal law system is very simple,and in the relevant theories of criminal law scholars in china,the study of different perspectives is very much,but there is still a need for further study,and in the criminal justice practice,the results appear varied.In order to reflect the forced action in china's criminal justice practice exposed the various problems,as well as the causes of these problems and solutions,this thesis analyzes the cases of partial forced actions,the forced action law system of the some countries on the forced action,and anatomizes the theoretical traits,classification and establishment conditions of the forced action and how to perfect the forced action law system in china's current criminal law.The specifically,the thesis is divided into six plates.The first is an overview of the forced action.The thesis combines the semantic meaning of the words and the classical dictionary to explain the forced action.The thesis summed up the characteristics of the forced behavior in society.The thesis summarizes the basic concepts of the forced action,and provides the basis for criminal analysis of forced actions.The second is the legal attribute of the forced action.The thesis combined with the problem of the forced action in judicial practice of our country,referring to the theory of the forced action in civil law system,the theory of criminal law of the forced action in Anglo-American law system.The thesis analyzes the legal attributes of the forcedaction to lay a solid foundation for the classification of the forced action in theory,and provides a theoretical reserve for the analysis of the forced action in our criminal theory.The third is the classification of forced action.Combined with the previous details,the thesis analyzes the legal attributes of the forced action,and the thesis from the perspective of criminal law theory of forced action gave a detailed classification.such as from the main aspects of forced action classification,from the subjective aspects of forced action classification,classification of objects from forced action,and classification of objective performance from forced action and so on.The formulation of these different classifications provides a clear basis for the elaboration of the conditions for the establishment of forced action.The fourth is the basis of forgiveness for the forced action.In the section,the author analyzes the theoretical basis of the forced action,and the theoretical sorts,and discusses the basis of the forgiveness of the forced action in this section,and provides the basis of human nature and legal basis for the forgiveness of the forced action.The fifth is the conditions.In this section,the thesis discusses in detail the conditions,subjective conditions,object conditions and objective aspects of the establishment of forced action,and provides the last piece of puzzle for the final establishment of the forced action.In the last plate,the thesis discusses in detail the necessity and messages for the perfection of our traditional criminal law,points out that the realization of these practices will enable the forced action law system to be fully explained in the traditional criminal law theory and our traditional criminal law,and anatomizes the problem of the identification and handling of the forced action in the current criminal law system.