被迫行为的刑法规制分析-刑法学专业论文.docxVIP

evaluation of the criminal law of the duress of Common law and civil law in this section,to make scientific generalization and summary,and to analyzed the legal evaluation of duress’s behavior,expect to benefit to our criminal justice practice. The third part:Analysis of the outsin reasons of duress. The following issues has been discussed in this section:Fisrtly,Theoretical basis of law and mechanism of criminal law of outsin of duress has been introduced emphatically;Sceondly,it maked alignment analysis to the criminal law of duress in the common law and civil law as well as the related theory,maked further analysis the motivation criminology of outsin of duress in the common law and civil law;Lastly,I believe that the theory of preventing responsibility more accord with the theory of criminal law and judicial practice of China. The four part:Defects in criminal law of China on duress and legislative proposals. The following issues has been discussed in this section:Firstly,this section analyzed the related criminal law of China on duress,put forward the contradiction;Secondly,analyzed the scientific classification of total prisoners,and review the coerced offender status,proposed owner reasonable proposals;Thirdly,this section also analyzed the theory system of crime constitution of China’s criminal law,questioned the view that the theory of crime constitution of China’s criminal law has no features of outsin except incriminate,draw a conclusion that the theory system of crime constitution of China’s criminal law has the features of outsin;Lastly,this section based on the mode of legislation at home and abroad,and combined with China’s national conditions,bring fofward some new legislative proposals on punishment of duress. KEY WORDS：duress, duress’s behavior, the origin of preventing illegal, the origin of preventing responsibility IV 关于学位论文独创声明和学术诚信承诺 本人向河南大学提出硕士学位申请。本人郑重声明：所呈交的学位论文是本人在导师的指导下 独立完成的，对所研究的课题有新的见解。据我所知，除文中特别加以说明、标注和致谢的地方外， 论文中不包括其他人已经发表或撰写过的研究成果