Legislative Research On Coercive Acts In China’s Criminal Law

Coercion is an illegal act that infringes upon the freedom of others to decide their will.It was first applied in civil law and then introduced into criminal cases,and was stipulated as a criminal act in criminal law of other countries.The specific provisions of China’s criminal law expressly stipulate many charges carried out by means of coercion,but many serious criminal acts are not included because they are only listed for coercion.In judicial practice,there are still issues about the confusion of conviction and sentencing standards caused by coercion crimes.This paper takes coercive behavior as the research object and aims to perfect the regulation of coercive behavior from the aspect of legislation.This paper is divided into six chapters to discuss the criminal legislation of coercive behavior.Firstly,introduction.This paper introduces the purpose and significance of the research,summarizes the research status of the coercive behavior and the research methods used in this paper.Secondly,an overview of coercive behavior.Has been clear about the meaning of coercion behavior refers to someone in order to achieve their purpose to the victim to convey some evil information,left each other in fear,thereby limiting their freedom will decide and physical activity,to force the other party is or not is a certain behavior and then complete the behavior of the crime and to a certain extent.This paper introduces four characteristics of coercive behavior,which are the diversity of coercive content and form,the cashability of coercive content,the urgency of coercive and the particularity of coercive effect.In addition,this paper analyzes the meaning of coercive behavior and violence,threat,intimidation,coercion,and points out the harmfulness of coercive behavior,which lays a solid theoretical foundation for the legislation of coercive behavior.Thirdly,this paper combs the legislation status and existing problems of coercive behavior in China’s criminal law.In the special provisions of China’s criminal law,there are 27 crimes that explicitly take "coercion" and "threat" as criminal means,which are distributed in 29 articles.There are still many crimes that imply coercion although they are not explicitly stipulated.The provision of this kind of enumeration brings a lot of difficulties to judicial practice,such as the existence of a lot of serious coercive acts are excluded by the criminal law,it is difficult to convict;Lack of conviction and sentencing standards for some coercive behaviors,difficult to unify;It is not conducive to strengthening citizens’ concept of the rule of law.Fourthly,this paper discusses the necessity and feasibility of establishing the crime of coercion in China’s criminal law.Based on the need of crime prevention,protection of citizens’ freedom of will and judicial practice,it is necessary to legislate coercive acts and add a new crime of coercive acts.At the same time,the provision of new charges does not mean the aggravation of penalties,but makes the criminal law from "severe but not severe" to "strict but not severe" transformation,the legislative trend of light punishment,the legislative model of criminal law amendment and the embodiment of the new charges to the basic principles of criminal law,means that it is feasible to increase the duress crime.Fifthly,this paper analyzes the relevant legislation and enlightenment of coercive behavior abroad.Most countries outside the region have set up relevant charges to regulate coercive behavior,and all of them are set in the chapter of protecting citizens’ personal freedom.Some of them are directly punished as "coercion crime",some are defined as "compulsive crime",and some are called "threatening crime".Through the analysis of their legislative characteristics,find out worthy of our reference.Finally,this paper tries to put forward the legislative conception of duress crime in China.The crime of coercion is set as a crime of filing a complaint in person,which is stipulated in Chapter 4 of the Special Provisions of the Criminal Law,after the crime of illegal detention,as one of the 238 articles to protect citizens’ rights of the person and democratic rights.This paper focuses on the analysis of the crime of coercion,constitutive elements,statutory penalty setting,and the boundary and concurs between the crime of coercion and other crimes of coercion,so as to perfect the legislation of coercion.