Research On The Criminal Law Regulation Of The Behavior Of Being Coerced To Kill Under The Circumstance Of Life Being Threatened

The act of being coerced to kill under threat of life(hereinafter referred t o as being coerced to kill)belongs to the act of being coerced,while the latter refers to t he act of violating legal interests carried out by the actor under coercion.The attribute o f criminal law is certainly applicable to the former,but the former still has its particulari ty.Article 28 of criminal law of our country only provides simple provisions on duress.However,in practice,the situation of duress is very complicated,so it needs to be classi fied into specific categories to determine the nature of duress.In cases of murder under duress,it is always a difficult problem how to identify the act of murder committed by t he duress.Through the comparative analysis of the specific cases of being coerced to kil l people in our judicial practice,it can be found that some of the coerced persons were p unished as duress offenders,while some of the coerced persons were not prosecuted by l aw.In addition,judging from the effect of judgment,no matter what kind of judgment t he judicial organ makes to the person who is coerced to kill,it will always cause a wide controversy in the academic circle of criminal law and the public,and the reasons need t o be discussed.How to deal with the manslaughter under duress is in urgent need of the oretical explanation.This paper is divided into four parts: the first part is the introduction part.It is sugg ested that the judicial situation of the cases of people killed under duress is different,bu t there is no sufficient reason to convince the public,academic circles dispute is:some th ink that an emergency can be set up,some think that only an accomplice can be set up,a nd still others think that the theory of expectation possibility should be used to solve th e problem.The second part,on the basis of defining the meaning of criminal law of coer ced behavior,through comparative study,demonstrates that the coerced behavior may establish the possibility of emergency avoidance and abduction;The duress behavior ca n be divided into legitimate duress behavior,illegal but innocent duress behavior,impun ity duress behavior and abatement duress behavior.The third part,first of all,demonstra tes the life rights and interests can become the object of emergency actions,then discuss es the coerced killing of an accomplice establishment emergency safety situation and du ress,the difference is that the former implementation of killing and killing than overall r educed at least one life infringement of interests,sacrifice one life to save a life situatio n that is the qualitative basis.The fourth part,under the context of China's criminal la w,it is not allowed to use the possibility of no expectation to directly exterminate the cri me of being coerced to kill,but the case of no expectation can be exempted from punish ment,and the case of reduced expectation can be mitigated.