The Compulsory Act Of Rescue

Compulsory act in criminal law is very complex,which has aroused extensive discussion in academic circles of various countries.Compulsory acts can be divided into physical compulsory acts and mental compulsory acts.The former is not act in criminal law because of absolute physical compel.The latter,according to the degree of freedom of the actors,is divided into compulsory acts of coercive accomplice and compulsory acts of emergency refuge.That is to say,not all actors subjected to mental compulsion are accomplices under duress,and there is also the possibility of establishing emergency refuge when they meet the conditions.Starting from the connotation of compulsory acts and combining with the relevant provisions and research results abroad,this paper focuses on discussing the situation of mental compulsory illegal acts,focusing on clarifying the relationship among compulsory acts,coerced accomplices in our criminal law and emergency hedging,finding out the feasibility of applying emergency hedging to compulsory acts,and discussing compulsory acts on the basis of the constitutive elements of emergency hedging.Behavior constitutes the condition to be satisfied in emergency hedging,that is,the constitutive elements of compulsory emergency hedging.Specifically,this paper is divided into five parts: The first part is the introduction of this article,through the introduction of typical cases to trigger the thinking of compulsory behavior,that is,the source of the theme of this article.The second part is the connotation of compulsory acts.Firstly,from the perspective of etymology and legal origin of compulsory acts,it summarizes the definition of compulsory acts.Secondly,it introduces different types of compulsory acts according to different standards.Finally,it introduces different theories of compulsory acts in China and puts forward the views of this paper.The third part is the connotation of emergency hedging.By introducing the legal nature of emergency hedging,sorting out the relationship between emergency hedging and compulsory acts and coerced accomplices,this paper points out that compulsory acts have the possibility of establishing emergency hedging.The fourth part discusses the constitutive elements of compulsory emergency hedging on the basis of the constitutive elements of emergency hedging.The fifth part is the conclusion.Through the analysis and discussion of the above five parts,I hope it will be helpful to clarify the correct positioning and regulation of compulsory acts in our criminal law.