Study On The "Coerced" Behavior Of Criminal Law

The act of coercion refers to the act of the actor who loses part of the freedom of will in the case of the risk of coercion in the sense of criminal law.In order to avoid the danger of coercion,it is turned into reality,and the act of violating his own will succumbs to the act of infringement of the law of others.Coerced behavior include the reality,urgency,directivity and causality of coercion.According to the person being coerced,the coerced behavior can be divided into coercion against the coerced person and coercion against the third person.According to the content of coercion,coercion can be divided into the coercive behavior of the personal rights and the coercive behavior of the property rights.According to the degree of coercion,the forced behavior can be divided into severely coerced behavior,moderately coerced behavior,and mildly coerced behavior.Depending on the source of the risk of stress,the stress can be divided into natural stressors and human-induced stress.In today's civil law countries,the legislation of coerced acts is mostly regarded as a special form of emergency hedging and is included in emergency hedging.The disputes in the civil law system for coerced behaviors include: breaking the law,blocking the responsibility,and constituting the accomplice.The disputes of the Anglo-American law system on coerced behavior mainly include: legitimate reasons,independent defense reasons,and new types of forgiveness defense reasons.The legislation of coerced behavior of foreign countries has certain implications on China's legislation.China's legislation should be clear and instructive.It should establish the independent legal status of the coerced behavior in the criminal law system,so that the coerced behavior is more accurate in the application of the law,so as to better guide the problems in judicial practice,ensure judicial justice,and perfect the criminal law system.China's current criminal law does not clearly define the nature and scope of coerced acts,and there are some problems with the provisions of coerced acts.The content of the article is simple and abstract,the nature of the law is not clear enough.The coerced act should have an independent legal status in our criminal law.It should not be regarded as emergency hedging,and not be punished according to the conviction.We should amend the provisions of Article 28 of the Criminal Law on the violent accomplice,amend the provisions of Article 21 of the Criminal Law on emergency hedging,make independent provisions for coercive acts that are heavily threatened,add an independent clause of “coerced acts”.We should set the terms of provizoes clause,and define the legally quantitative punishment section.