Research On The Completion Form Of "Forced" Crimes

Such kind of crime exists in criminal law,whose basic behavior pattern is that the perpetrator has carried out ‘violence’ and ‘coercion’ on the victim for a certain purpose and the victim may implement or actually has implemented some acts that are not originally in the sense of criminal law because of suffering ‘violence’ and ‘coercion’,and thus the perpetrator is criminalized by criminal law.There are seven crimes in the Criminal Law that are consistent with the characteristics of such behavior.They are crime of promoting terrorism with forced wear,extremist clothing or signs,crime of forced violations of rules and regulations,crime of forced trading,crime of forced labor,crime of forced blood sales,crime of forcing others to take drugs and crime of forcing prostitution.Because of the large number of forced crimes,it is called crimes of ‘forced’ behaviors.Because participants committing such crimes have ‘multiplicity’ and the degree of violence is ‘limited’,it is a question worth discussing whether the actual behaviors of the victim have an impact on the determination of the completion form of the perpetrator’s criminal behaviors.Taking the judgment documents and theoretical retrieval that meet the situation as the research basis,this thesis firstly examines the problems in the completion of the crimes of ‘forced’ behaviors in the current judicial determination and theoretical litigation,and then further refines the causes of such problems based on the status quo.And then the settlement argument of the problems is conducted from the two-aspect of ‘should be true’ and ‘actually true’.Finally,the test ideas and conclusions are reapplied to the specific legal application.In addition to the introduction and conclusion,the article mainly consists of three parts,basically following the logic of ‘what are crimes of forced behaviors and their basic characteristics-the judicial and theoretical issues and analysis of the completion of crimes of forced behaviors-the semantic interpretation of the level of ‘should be true’ and the legal test of the level of ‘actually be true’ and the specific legal application path.’The first part is the concept of the connotation definition and characteristic analysis of crimes of ‘forced’ behaviors.This part mainly introduces the reason and connotation of crimes of ‘forced’ behaviors.In the screening of the basis of the concept of ‘coercion’,‘force’ and ‘robber’ in the Japanese Criminal Law,it is considered that the crimes of ‘forced’ behaviors in our country means that the perpetrator has carried out ‘violence’ and ‘coercion’ on the victim for a certain purpose and the victim may implement or actually has implemented some acts that are not originally in the sense of criminal law because of suffering ‘violence’ and ‘coercion’,and thus the perpetrator is criminalized by criminal law.After clarifying the concept,the basic characteristics of such crimes are further defined as ‘multiplicity of subject’ and ‘limited nature of coercion’.The second part is the status quo review of the judicial status quo and the theoretical status quo in the completion of the form identification.This part mainly examines the judicial status of such crimes with actual cases in accordance with the definition of the concept,and considers that such problems exist in such crimes as different judgment for the same cases,different judgment for similar cases,high appeal rate and the second-instance judgment change rate,high reasoning rate with different opinions,low quality of the reasoning and high publication rate of defense opinions and low adoption rate.The status quo of the theory is examined through the theoretical display.It is believed that in the current theoretical research,the theory is rich in variety but lacks argumentation,and the persuasive power is insufficient.Generally speaking,there is a disconnection between justice and theory,and the theory cannot guide the judiciary.On this basis,it is determined through analysis that the root cause of the chaos of the status quo is,from the formal level,because the nature of the behaviors of ‘coercion’ is not clarified,and from the substantive point of view,because the legal determination of the crimes of ‘forced’ behaviors is unclear.The third part is the path exploration of the interpretation of ‘should be true’ and the test of the legal interest of ‘actually be true’ of ‘coercion’.This part is mainly aimed at the fundamental problem raised in the second part,and the intention is to solve the problems from the two aspects of ‘should be true’ and actually be true’.On the level of ‘should be true’,from the perspective of semantic interpretation,it should be considered that ‘coercion’ is a special linguistic structure,belonging to the trivalent verb in the verb category.According to the requirements of its meaning,only the ‘forced’ entrant is transformed into the actor of ‘prostitution’,this forced act can be considered complete.On the level of ‘actually be true’,starting from the ’legal protection theory’,it should be considered that the legal interests of these seven crimes are not a single personal right,but personal rights are the legal benefits of the seven crimes.At the same time,the main legal benefits of the seven crimes are determined one by one.According to the results of the main legal benefits,it is inevitable that the actual behaviors of the victim can be determined that the damage to the legal benefits has reached a complete level,and the corresponding crime is established.After the completion of the actual test from both aspects,the test method will be applied to the specific law,with a view to benefiting the reasoning of the referee and the explanation of the defense opinion.