胁从犯废除论.pdfVIP

Abstract ABSTRACT Be an accomplice under duress to make unique in China, a total of one type of prisonersit ofproblem haslongbeen ajoint crimetheory isnot open aroundthetopic. It has is coerced to participate in a crime and play a role in ajoint crime is small these two characteristics. As an accomplice had stipulated duress in our country is under the influence of traditional legal concept, follow the history background of the criminal policy in China. But at the same time also has exposed many malpractices, theregulation on the logical structure of an accomplice such as duress isnot rigorous, easy to cause imbalance of legal order and the criminal law system and the lack of a certain historical basis and punishment basis, goes against the austerity of criminal policy and criminal law for the implementation of the sex principle, at the same time to the judicial work bring many difficulties, and so on. Coerced to participate in Chinas criminal law on crimes were to be an accomplice of duress evaluation of criminal law, shall be punished by law.In Anglo-American law system countries, are being forced behavior as a legitimate excuses, the civil law countries will be stress behavior in emergency actions or without expected possibility and free treatment. These legislation to our countrys legislation has brought the certain enlightenment, including fully consider the human nature, stress behavior in emergency actions recognized,the application ofthetheory of anticipatedpossibility and so on.Through the contrast analysis, finally draw the conclusion of an accomplice to abolish the duress, for is coerced to participate in a crime, when what is to protect the