The Confirmation And Development Of The Legislative Plan For The Addition Of The Crime Of Coercion

The crime of coercion is an ancient crime.The predecessor of the crime of coercion was the crime of threatening death in the law of the Ming Dynasty,which was followed by the law of the Qing Dynasty.In 1907.the revised draft criminal law formally added the crime of coercion.In the following decades,the crime of coercion was established in various criminal laws.After the founding of new China,legislators adopted the unitary regulation model of"gradually establishing specific crimes of coercion".Legislators have never further summarized the typed characteristics of coercive behavior on this basis and established the crime of coercion alone.Many scholars repeatedly proposed that the crime of coercion should be added,but they were not adopted.The reason is that the legislative proposal of adding the crime of coercion has been strongly questioned,which has formed two tit for tat Views:the negation of adding the crime of coercion and the affirmation of adding the crime of coercion.Under the background that foreign legislators generally adopt the dual regulation mode of "the crime of coercion as the main and specific crimes of coercion as the auxiliary",whether to add the crime of coercion in our country is a very important issue.In order to truly solve this problem,we must focus on the following three parts:The first part focuses on the irrationality of the negation of adding the crime of coercion.Firstly,the type of coercive behavior is uncertain,which does not mean that the crime of coercion does not have a clear type of behavior.The constitutive requirements of the crime of coercion have clear typological characteristics and can cover all kinds of illegal coercive acts.On the contrary,it will help to maintain the typology of other specific crimes of coercion.Secondly,the practice of adding specific crimes of coercion one by one can not effectively regulate all illegal coercive behaviors,which will also lead to the fragmentation of the protection purpose of the latter and the improper concretization of constitutive requirements of a crime.Thirdly,the practice of regulating coercive behavior through interpretative theory often leads to the conclusion of analogical interpretation and non-standard criminal language.The second part focuses on the rationality of adding the crime of coercion.Firstly,adding the crime of coercion can achieve the legislative purpose of legislators for the protection of people’s rights,and it is also in line with their consistent regulatory attitude towards coercive behavior.At the same time,the addition of the crime of coercion is also conducive to the comprehensive protection of the legal interests of freedom of will.Secondly,the addition of the crime of coercion is conducive to make up for the loopholes in the regulation of coercive behavior in criminal law,and also conducive to the construction of a reasonable regulation system of the crime of coercion.On the other hand,the addition of the crime of coercion is conducive to timely respond to socially harmful coercive behaviors,avoid more serious consequences,and strengthen the protection of vulnerable groups.Thirdly,there is no conflict between the crime of coercion and the existing criminal law system,the legislative scheme of the crime of coercion is economic,and the establishment of the crime of coercion can be supported not only by the people,but also by historical experience.The third part mainly involves the design scheme of the crime of coercion.Firstly,The crime of coercion and the crime of forced labor have substantive legal interest relevance and formal structural relevance.Therefore,the former should be arranged after the latter.Secondly,the article design of the crime of coercion mainly focuses on the design of the elements of the constitutive requirements.The elements of "coercion" should be consistent with the "coercion"in specific crimes of coercion,and there is no need to explicitly stipulate that the content of coercion must be an illegal cause.Coercive means should also include the element of "other means".The existence of this element can fully guarantee the type characteristics of elements such as "violence".The coercive result design with legal rights and obligations as the core is more clear,and can fully protect the reasonable exercise of legitimate rights,so it is more desirable.Thirdly,the crime of coercion should be defined as a misdemeanor.It is not necessary to design the element of "serious circumstances" in the crime of coercion.Therefore only one statutory sentence needs to be designed.It should also be noted that taking the revised "three standards theory" as the judgment basis of the relationship between the crime of coercion and the specific crime of coercion,the latter can be divided into three types.The crime of coercion and these specific crimes of coercion will constitute imaginative concurrence of articles of law or strict concurrence of articles of law respectively.