Study On The Independent Legal Status Of Duress

Duress are not clearly defined in our criminal law,In the criminal law of some countries of the civil law system,the duress are clearly defined,There are also countries that have classified it as act of rescue.The Anglo-American law system refers to duress as "coercion" as an independent defense.However,there are still many controversies in the theoretical circle in both the Anglo-American law system and the civil law system.The controversy focuses on the theoretical basis and the nature of duress.The study of duress in China's criminal law community is still in its infancy.It mainly focuses on the relationship between duress and threatened offenders and act of rescue.By comparing the legislative provisions and theoretical controversies concerning the duress in Chinese and foreign legal systems,the author attempts to clarify the independent legal status of duress in China's criminal law from the following five parts:The first part is the introduction,and the second part mainly analyzes the concept,characteristics and classification of coerced behaviors and the establishment of constitutive elements of coerced behaviors in criminal law.The third part mainly analyzes the establishment basis of the legal nature of the coerced behavior,and demonstrates the theoretical basis of the coerced behavior from the nature dispute of the urgent risk aversion.The fourth part mainly through to the Anglo-American law system and continental law system is the comparison of coercion behavior nature,to be made a more in-depth study of coercion behavior,analyzes the two major legal systems between the nature of the differences and similarities about the stress behavior;The last part mainly analyzes China's act of rescue and accomplice under duress,and puts forward his own viewpoints on the basis of the previous text.It is clear that duress have an independent legal status in China's criminal law,and puts forward corresponding legislative proposals.