An Empirical Study On Coercion

Coercion is a basic topic in the field of civil law.Although there are few legislative provisions and academic attention to it,many problems still need to be further discussed from results of judgments.The main problems are in that constitutive requirement and proof standard.The first aspect is from the dimension of substantial law,especially the identification and exclusion of the coercive behaviors and the identification of degree of coercion,etc.The second aspect is from the dimension of procedural law,the application of “eliminate reasonable doubt” proof standard is disputed,the current practice greatly adds the burden of proof,improperly induces the risk of litigation,or even abuse.Therefore,methods of data analysis are used to find a typology of coercion,and make a review.The first chapter introduces the research methods of this paper,namely the selection methods of 97 samples.Meanwhile,make an analysis of the samples,through four forms to reveal the overall situation,including sources of the judicial adjudicative documents from 2011 to 2017,sources of provinces,involved instance level of courts and the proportion of constitution,main reasons that the courts rejected.It shows that grass-roots courts and intermediate courts undertake most of the responsibility,cases are widely distributed throughout the country,the proportion is very low,reasons of rejection are various,so that the general appearance can be presented.The second chapter makes an analysis in category of the collected samples,following the thought of behavior,illegality,causal relationship and subjective state,each item is supported by empirical case.This part also focuses on identification and exclusion of coercive behaviors,proof of coercive behaviors,and the application situation of economic coercion.The third chapter focuses on legislations,and gives a comment on each one.The most important part is to inspect general provisions of civil law,this is from the dimension of substantive law.At the same time,to discuss the legitimacy of “eliminate reasonable doubt” with procedural dimension,introduce different understanding of this point,which finally brings various attitudes,behavior of different orientations,so that the tension among theory,legislation and judicial judgment can be showed,and provide a basis for the following analysis.The fourth chapter is based on the exposed problems from the empirical data,put forward that the improvements of the legislation need to focus on constitutive requirements and legal effect.In addition,interpretation of article 109 of the civil procedure law is not aimed at improving proof standard,rules of thumb and presumption are useful to regulate judgments,thus the purposes can be achieved,including balancing the rights between litigants,protecting people’s freedom of will.