The Research On The Forced Behavior In The Criminal Law

Duress in criminal law, differs from general criminal behavior, Is threatened by people’sobjective infringement behavior of interests, is not completely from self will. As “the mostdifficult to define and justify defense”, it has been controversial always. Besides duress hasthe great similar with the emergency actions, research on duress becomes more difficult. InAnglo-American law system duress act as a separate legal excuses, different from the"legitimacy" for emergency actions is a kind of "forgiveness". But in the Civil law countriesduress is included in necessity areas, which is a special type of the necessity. And the natureof the duress is excluding illegality or responsibility.As well as the Civil law countries, in Chinese criminal law the duress has no separateconcepts. In China, duress is under the regulation of article21(necessity) and article28(coerced accomplice) of the current criminal law. This paper argues that: duress should be aindependent legal concept. In terms of legal effect, the duress has two types: one is theprinciple of legal interest measure of coercion, have the sin function, was not a crime; Second,as against the interests of the measure standard, if the case constitutes a crime by coercion,shall be mitigated punishment or be exempted from punishment according to thecircumstances of the crime. The text consists of four parts:The first part is introduction, in this part we will introduced the purpose and significanceto the study of duress. The purpose is to complete the theory of duress in China’s criminal lawand amend the Criminal Code provisions. Scientific definition of duress is protected not onlyagainst the ’interests is to be maintained stress those rights. This part of the research status athome and abroad will be forced to act on the overall comments.The second part is the overview of duress. In this part,Firstly, analysis the "stress"origin and source respectively, to establish the concept of duress and summarized it’scharacteristics; Second classifying duress; Finally analysis the general condition of duress.The third part is about outside of duress. First of all, comparison and analysis the duressbetween the Anglo-American law system and continental law system countries the legislationand legal nature analysis, secondly, to explore the theory foundation of "exemption" duress, thought our country forced to provide reference for perfecting the behavior theory.The fourth part is the last but not the least part of the article, this part is forced on thestatus quo of China’s criminal and then we will discuss the defect of China’s criminal. First,sort out the legal provisions and then identify the defects. Based on it I will clarify the reasonsto change the law provisions about duress. In the theory, there are many attitudes in the natureof duress. I will evaluated all the view and then give my personal views. At last reshape theevaluation criteria about duress within the framework of China’s Criminal Law.