略论被迫行为及其借鉴意义（On forced behavior and its significance）.docVIP

略论被迫行为及其借鉴意义（On forced behavior and its significance） On forced behavior and its significance Author: Li Lizhong [classification number] df611 Forced behavior (duress) is one of the legal defenses in Anglo American criminal law. In the history of the development of common law, forced behavior is initially a practical problem encountered in criminal proceedings. With the deepening of the theoretical research and judicial experience, duress and minor errors, mental illness, drunkenness, police entrapment together are summarized as a defense in criminal procedure law principle. In recent years, these contents have gradually been incorporated into the scope of criminal law, and the principle of defense has become a basic principle of criminal responsibility. British criminal law compilation of the third chapter general exceptions, United States Model Penal Code second chapter general liability principle, the Canadian Criminal Code the first chapter general, India penal code fourth chapter general exception, right of defense are forced to be prescribed, only the wording is slightly different. One Forced behavior refers to the behavior of people in their own or others immediately there is a danger or physical stress severely injured, but not a behavior implementation. For example a B in a gun under the threat of a B to assist the implementation of the robbery, a behavior is a kind of duress. In Anglo American criminal law, an act that is deemed to be a forced act, which can be legally defended, must meet the following conditions: (1) the degree of coercion; the criminal law in Britain and the United States generally believes that forced actions can be forced only when severe threats, such as death or coercion, are caused by direct death or even serious bodily harm (hereinafter referred to as death or coercion). That is, if the forced person does not obey the instructions of the threatening person to perform certain acts, the forced or third people will be killed immediate