Coerced Behavior In Criminal Law

In-depth analysis of the coerced behavior is of great significance both in theory and practice.The criminal law of each stage is almost consistent in the basic theoretical category and legal system.Therefore,the study of comparative criminal law is also helpful to solve the criminal law problems in China.This article aims to explore the way to deal with coercive acts in the Anglo American law system and the continental law system,and to explore the reference for China's criminal law to solve coercive acts,to extract the essence,and to combine with our own criminal law system and criminal law theory to solve the problem of coercive acts more scientifically.The first chapter of this paper introduces the coerced behavior in Anglo-American law in detail.Many countries in Anglo-American law system have made independent provisions on the coerced behavior.It mainly includes the establishment elements and handling methods of the coerced.The establishment elements can be divided into: the coerced object,the degree of urgency of the coerced,the source of the coerced,the limit of the damage,the scope of application of the coerced defense,uncovering the veil of the coerced act,and analyzing that the coerced act,as one of the defenses in the common law,has the dispute of justification and forgiveness Legal consequences correspond to innocence and exoneration.The second chapter is also the introduction of comparative law,mainly the coerced behavior in the continental law.Although there is no independent provisionfor the coerced behavior in common law,the mainland law also has a heated discussion on the coerced behavior.Most people agree that the act of coercion should be treated as an emergency.According to the theory of emergency avoidance,the coerced behavior can also be divided into three parts: illegal obstruction,liability obstruction and dichotomy.The jurisprudential basis of the cause of illegal obstruction is mainly the theory of superior interests,the jurisprudential basis of the cause of liability obstruction is mainly the theory of no expectation possibility,and the dichotomy integrates the two theories.The coerced behavior in comparative law has opened a broader vision for us,let us see a more diverse way of thinking and handling,and enlighten us that the handling of coerced behavior in different countries is closely related to its criminal constitution system,and we should also fully consider our criminal constitution system and criminal law theory when dealing with the coerced behavior in China.Therefore,in the third chapter,the author summarizes some contents of comparative law which are of great significance to our country,and gives some specific suggestions for our criminal law.Including but not limited to the protection of human rights in criminal law,no legal principle when necessary,no expectation possibility theory,the application of duress plea to exclude felony,the measurement of legal interest,etc.These contents are the focus of the fourth chapter.The fourth chapter of this article starts with the cases in the judicial practice of our country,analyzes the two main ways of dealing with the coerced behavior in our country now--coerced offender and emergency avoidance,mainly discusses the influence of coerced offender on solving the coerced behavior,analyzes the advantages and disadvantages of coerced offender,demonstrates the viewpoint that coerced offender can solve part of the coerced behavior,and This paper discusses the similarities and differences between the act of emergency avoidance and the act of being coerced,so as to determine that the other part of the act of being coerced can not be dealt with according to the act of emergency avoidance,but need to stipulate an independent clause to deal with,and designs a specific treatment plan.Firstly,the degree of coercion should be taken into account,secondly,the comparison of legalinterests and the important legal interests(the right to life and health)should be taken into account.