The Research Of Regulation Of Criminal Law Of Duress

Duress is a definition in criminal law of Anglo-American law system,but it is not unique to Anglo—American law system.In criminal law of continental law system,duress is included in necessity areas,which is a special type of the necessity.Although,there is not the definition of duress in our law system,this can not illustrate no duress among our lives.But only duress has been stipulated in the articals of necessity and accomplice under duress in the criminal law of China. But it is conflict that the duress has been dismembered into two parts to be stipulated, because the former is the origin of the incident of preventing illegal,the latter is the origin of the incident of preventing responsibility.This article trys to discuss the theme and to solve the problem.Therefor,this article is based on the theory of criminal law of China,which is resonable to be referenced foreign related theoretical results and to be revised and improved ,to make it into the system of criminal law theory of China to improve the duress theory of criminal law of China.Besides the Introduction and Epilogue,this dissertation is divided into four parts.The first part:the overview of duress. The following issues has been discussed in this section:Firstly, it is detailed and elaborated that the definition,characteristics, established conditions,categories ,factors of the duress,and it's theory evolution as well as related historical background in this section;Secondly,based on the theory of duress at home and abroad,learn the ideas of Da gu shi Japanese scholars,analyze the differences and similarities of duress and duress's behavior,this text proposed the opinions of the definition of duress.The second part:evaluation of the criminal law of duress. It has been researched integrity to the 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.