Research On Criminal Law Regulation Of Coercive Behavior

There are some serious coercion behaviors in real life,but they can’t be regulated by the criminal law;the criminal law of our country has stipulated the crime of infringing on the right of house peace and freedom of communication,but it has not stipulated the coercion behavior as a direct infringement of the freedom of will.In view of these misconceptions,the author starts from four parts to investigate and reflect on the regulation of coercion in China’s criminal law,find problems and put forward solutions.The first part: the basic theory of coercion.Coercion should be redefined as the act of violence,evil notice and other means to undermine the freedom of will,so that the victims have fear.Violence is a means of coercion,and violence has a meaning beyond the simple destruction of coercion,and violence has a double nature of aggression against the person and against the freedom of will.Therefore,the law states violence and coercion side by side,is to highlight the specificity of violence,not violence and coercion of the sector.Coercion can be classified into three categories: coercion in the broad sense,coercion in the narrow sense and coercion in the narrowest sense;Notification threat and immediate invasive threat.There are four characteristics of coercion: The object is specific,the harm is realistic,the coercion makes people fear,and the combination of harm and purpose is illegal.The second part: the current situation of the regulation of coercion in China’s criminal law.After reviewing the regulation of coercive acts in our criminal law,we find that there is a dislocation in the regulation of simple coercive acts in our criminal law,and there is a deficiency in the regulation of non-specific coercive acts and harmful coercive acts,but these two malpractices also caused on the one hand to some serious coercion behavior to be unable to use the criminal means to carry on the regulation,on the other hand to some coercion behavior to have the deviation in the conviction sentencing.The third part: the overseas investigation and reference of criminal law regulation of coercion.In order to solve the problems existing in the criminal law,we study and learn from the legislation of foreign countries,and find that most of the countries of the continental law system regulate the simple coercive act and the non-specific coercive act and the detrimental coercive act separately,the common law countries also expand the traditional real injury of injury crime to make the victim have fear and protect the freedom of will.According to the situation of our country,we should adopt the way of setting up the crime separately to regulate it,however,the specific path should be in line with our country’s legislative system and practice.The fourth part: the legislative improvement path of criminal law regulation of coercion.Finally,it is proposed that two new crimes should be created,namely,the crime of intimidation and the crime of coercion,and the crime of intimidation should be adopted by regulating the pure coercion and the non-specific coercion and the nuisance coercion respectively,considering also the usage of language in our country and the expression of pure coercion in the field of criminal law,and limiting the criterion of the crime of intimidation appropriately to ensure the connection with the law of Public Security Administration punishment in our country,at the same time,the criminal circle should not be expanded excessively and the modesty of criminal law should be maintained.Compared with similar crimes and our country’s legislative custom,the basic punishment and the aggravated punishment are set up in the penalty setting,and the treatment when the law and imagination coincide with other crimes is analyzed,to demonstrate that the new two crimes will not destroy the criminal law as a whole system.