Research On The Duress In The Criminal Law

From the perspective of the hierarchical system of crime, only when the actor’s behavior has the constitutive elements of compliance, illegal and accountability, namely the establishment of crime. From the opposite point of view, when the actor’s behavior is lack of illegal or accountability, it is not a crime. Naturally, even if the act is illegal and responsible to establish a crime, it may also be less responsible for the ease of responsibility or forgiveness. In the Anglo American law system, duress in accord with certain conditions, which belongs to the must have mercy on the cause of legitimate defense, and the criminal law of continental law system, is generally believed that meet certain conditions, duress belongs to the act of rescue, but does not rule out the crime may sometimes constitute.When it comes to duress, China’s current 《criminal law》 is only in the twenty-eighth to make a provision, but the practice of duress is complex, it is a problem how to identify. In theory, the research on the problem of duress is still under development. Awareness of this issue based on. This paper, based on the theory of criminal law of our country, investigation of legislation in the countries of Anglo American law system and continental law system and the related theory, and combined with the related domestic and foreign judicial cases, put behavior characteristic, species, properties and identification issues to be in-depth and meticulous research, in order to deepen the study of the theory, and can provide theoretical support and reference for our country’s criminal judicial practice.In this paper, except introduction and conclusion, is divided into three parts: the first part expounds the concept, characteristics and classification of duress, introduces the meaning of duress is broad and diverse, and discusses the classification and characteristics of duress. The second part is the extra territorial consideration duress. Through the evaluation and analysis of theories about the duress from Anglo American law system and continental law system, and pay attention to the recent developments to two law genealogies, it is looking forward to make sense for the juridical practices of our country. The third part is the focus of this paper, focuses on the nature of the duress, and gives an in-depth discussion on the relationship between duress with the act of rescue and the joint crime.