Study On Case Of Zhang Mouqi's Forced To Kill

Whether the coerced homicide act shall be constituted as crime or not is always a controversial topic.Besides coerced homicide act of woman going astray in Kunming city Yunnan province and coerced homicide act of procurator in Pingdingshan,Henan province,the coerced homicide act of Mr.Zhan in Yibing city Sichuan province,2015 thoroughly arouses public attention.Whether Mr.Zhan's coerced homicide act shall be constituted as crime or not is controversial.The four main controversial aspects as followings: firstly,whether Mr.Zhan's coerced homicide act have subjective fault or not.The subjective fault is determined by whether Mr.Zhan has free will when he makes judgment.Secondly,whether Mr.Zhan's coerced homicide act constitutes emergency aversion or not.It is determined by whether object has the life rights or presupposition is tenable,or when the life rights become object of emergency aversion.Thirdly,whether Mr.Zhan's coerced homicide act has expectation feasibility or not.That is feasibility of legal behaviors but not illegal behaviors when the common people face the same case as Mr.Zhan.Fourthly,whether Mr.Zhan belongs to reluctant criminal or not.It is determined by whether Mr.Zhan's coerced homicide act and people coerced him constitute joint offense or not.Based on the crimes,it found that Mr.Zhan has free will subjectively when he is forced to kill victim and life rights is not object of emergency aversion.As a result,Mr.Zhan's coerced homicide act is subjectively criminal,moreover,act does not constitute emergency aversion and it is illegal.However when common people face some case as Mr.Zhan,they will not risk their own life for strangers.Mr.Zhan's act has weak expectation feasibility.The expectation feasibility does not belong to criminal law theory of China.It has not priority over criminal law theory of China even in the special condition.During this criminal,Mr.Zhan's act has weak expectation feasibility but Mr.Zhan and people coerced him kill victim and constitute joint offense.Mr.Zhan shall belong to reluctant criminal as he has coerced offence.