On The Defense Of Coercion In British And American Criminal Law

Duress is a kind of defense which is widely recognized in the criminal law of Anglo-American law system.Moreover,as a legal defense in the British and American criminal law,its existence has a certain value implication of philosophy and ethics.With the development of the theory of criminal law,forced behavior is invoked in the substantive law,and it is the legal defense to safeguard the rights of the accused,such as mental illness,minor and victim's consent.In recent years,there is a great deal of disagreement between the academic circles on the definition of forced behavior and the limitation of the establishment conditions,and whether it can be accurately defined as a kind of forgiveness.In China's criminal law theory,it is difficult to clarify the complicated relationship between coerced behavior and emergency risk aversion and abduction.Based on this,in this paper,starting from the connotation of duress defense of Anglo-American law system,clarify the legitimacy of duress defense,defense,the basis of determine stress to analyze its legal nature,the more comprehensive introduction to intimidate the type of defense and the rules in the Anglo-American law system countries.From on macroscopic stress are analyzed in detail in the form of a summary of defense set up conditions,mainly from the stress of the judgment standard,the content of the stress,the stress refers to the object,coercion,the limits of the urgency of the stress and stress,etc.In addition,by analyzing the constitutive elements of coercive defense,the differences and similarities between the defense and other similar defenses are compared.Through comparative study of the differences between coercive defense and our country's urgent risk aversion and abduction,we conclude that the forced behavior of forced behavior in China is different from that of the emergency.Then,the nature of forced behavior and the legal nature of the dualism in China should be analyzed deeply,and the double-layer characteristics of value evaluation should be recognized.In addition,the theory ofabduction is improved.Finally,the paper analyzes the liability of stress testing in the current system of crime constitution in our country the application present situation,the ground should think relief under the class of lawlessness and impunity,despite of its space,establishment of coerced into liability judgment that actor is exempted from liability,and to make our country criminal standards more gradation and logic,from traditional to judge the behavior nature of behavior person to judge.