On Coercion

The topic of this paper is the interpretation and application of civil coercion legislation in "General Provisions of Civil Law" and the contents are around the understanding of the article.The reason for selecting the topic is the provisions about civil coercion in "General Provisions of Civil Law" Article 150 are abstract and vague and there are also detail problems need to be solved in the interpretation theory compared with the extraterritorial law.The challenges faced by judicial practice require us to clarify the understanding and application of this article,so as to enrich the provision connotation.This paper mainly adopts comparative analysis,empirical analysis and value analysis methods.The paper is divided into three chapters.The first chapter focuses on how to identify the "coercion" in Article 150.On the basis of comparative analysis of the theories of the constitutive elements of coercion of civil law countries,it respectively explains the meaning,understanding and application of each elements.The second chapter mainly discusses the illegitimacy of coercive behaviors.Firstly,this chapter explains the requirment of illegitimacy comes from tort theory through historical analysis,expounds the three-class system and illegitimacy theory of Anglo-American law,founds the limitations of the former on ecnomic conercive and undue influence through comparative study.In the third section of this chapter,it explores how to identify illegal coercion in China's judicial practice by empirical study and draws the conclusion that the practice is entirely divorcede from theory.The third chapter mainly solves the left problems of Article 150 on the third party coercion.After briefly describing the progress of the new law,this chapter enumerates that the legislative models of main extraterritorial legal states can be divided into three categories in dealing with the third party coercion and then elaborates the superiority and necessity of alternative responsibility model among the three models by value analysis and comparative analysis.