Study On Duress In Criminal Law

The forced behavior in criminal law is different from the general crime,mainly because of the behavior of the perpetrator is not from the will of the self,but by the threat of others.There is still a lot of controversy between legislation and theory in the world between the two major legal systems,and the key to the dispute is that it cannot accurately determine the forced behavior.This paper starting from the introduction,research background and significance of the first inquiry was forced to act,the focus has been forced to act as a criminal law dispute is the common law and civil law to the legislation and theory of qualitative behavior are distinct.In Anglo American law countries,forced action is different from the "legitimate" cause of emergency avoidance,as a forgivable excuse and independent existence in the criminal law system.While the civil law countries,for the forced acts that generally attributed to the emergency,did not have the theory and legislation of system independent,just as special cases of emergency hedging is expounded and the actual use.Like the civil law countries,China's criminal law does not carry out independent legislation on forced behavior.Then it is hoped that good results can be achieved for the study of this topic,and finally the relevant research methods used in the process of writing papers.Then is the analysis of general situation and the legal basis of duress,the definition of forced acts differ in the different backgrounds of the law,the author here just according to the behavior and results and make objective statements,no further definition of it.Then,it studies the behavior characteristics of the behavior,and elaborates systematically from three aspects: the coercive force of the spirit,the social harmfulness and the lack of realistic expectation.On the basis of characteristics,the conditions of forced behavior are summarized,including preconditions and time conditions.Finally,based on the predecessors' research,the author makes a simple classification of forced behaviorIn the study of the theoretical basis of forced behavior,it is expounded from four aspects: legal basis,utilitarian theory,non value of behavior and non value of results and theory of infringement of legal interests.Then,the criminal law of various countries for the determination of forced behavior,mainly from the Anglo American law system and continental law system to explain.The last is from the ground for elimination of illegality and responsibility for that crime and non crime to analyze forced behavior.In order to study thoroughly and comprehensively compelled behavior must define the similarities and differences between emergency and coerced offender,in our country is still not the necessity and duress division,but will be forced to behavior into the special case of emergency refuge to theoretical research and practical application,but this is not my opinion division way the most reasonable.Therefore,the criminal law provisions on the emergency system of science related interpretation,and on the basis of the research,the forced acts and emergency,also from the two legal point of view,systematically,summed up the difference exists,finally should be independent and emergency exists in the criminal law the forced act legislation.Then,for the concurrence of forced action and coerced offender,from the constitutive requirements,coerced accomplice is in the category of joint crime,and forced behavior is obviously different from joint crime in constitutive requirements.Forced behavior in coerced offender itself there are also obvious differences,mainly lies in the degree of stress and stress level are subjective will of different people,so in the forced act coerced offender is in concurrence can be accurately definedFinally,the study is to explore the author's predecessors and based on the theory put forward legislative suggestions about forced behavior in our country,namely the forced act in the criminal law in our country should be independent of the emergency and the existence of legal nature of the related behaviors results need classification discussion,and the provisions of the relevant provisions of the proviso,in order to improve the effect of the use of real law.