论我国合同法中的“胁迫”

On the “Coercion” in Chinese Contract Law

胁迫是指以给自然人及其亲友的生命健康、荣誉、名誉、财产等造成损害或者以给法人、非法人组织的荣誉、名誉、财产等造成损害为要挟,迫使自然人、法人或者非法人组织做出违背真实的意思表示。在我国合同法中,一方或者第三人以胁迫手段,使对方在违背真实意思的情况下实施的合同行为,受胁迫方有权请求人民法院或者仲裁机构予以撤销。受胁迫方的撤销权受除斥期间限制。撤销权的行使会导致合同行为自始丧失法律效力,并产生相应的法律效果。

If a party’s declaration of will is against his or her true will and is induced by an improper threat by another party threatening to cause damages to the life,health,honor,reputation,or property of any citizen or his relatives or friends or to cause damages to the credit,repute and property of any legal person or organization without juridical personality,it shall be determined as coercion.According to Chinese Contract Law,when a contractual act is performed by a party against his or her true will as a result of coercion by the other party or a third party,the coerced party shall have the right to request a people’s court or an arbitral institution to revoke the act within a prescribed period.The exercise of right of revocation shall nullify the contract from the outset and leads to other corresponding legal effects.