A Study On The Problem About Coerced Guilty

This dissertation is under the impaction of the objective conception of the Criminal law, focusing on behavior theory, therefore , coerced guilty is defined as: a guilty is done by a man who has the ability of criminal responsibility under duress, According to China's current Penal Code, we only can see coerced offender with secondary role, without the coerced offender with major role, which led to various problems in the theory and practice , and this dissertation want to discuss and solve some problems.This dissertation is mainly composed of three parts, including introduction, body and conclusion. There are three parts in the body.The first chapter refer to the origin and the status quo of the coerced guilty , coerced guilty can be found in the law in the ancient times, but they did not have a theoretical abstraction and system. "Coerced guilty" phenomenon also exists in common law and civil law, but "coerced guilty" do not refer to the concept of the corresponding legal phenomenon. Then study on the definition, constitute elements and theoretical foundation of coerced guilty. Focusing on "coerced", from the time duress occurred, location, strength, object, reveals it as a dynamic concept of the charm of theory. The dissertation also reveals the distinction between the coercion in the crime and the coercion before the crime, both have same legal evaluation. On this basis, the dissertation use the theory of control in the joint guilty and the theory of anticipated possibility, attempt to describe: the coerced guilty can own relatively light legal responsibility as a result of limitation of free will.The second chapter discusses the attribution and position of the coerced guilty. In the long run, we only can found "coerced offender with secondary role", without "coerced offender with major role". I think: coerced offender is the top concept, which includes the "coerced offender with major role" and "coerced offender with secondary role", the distinction is still the method of categories with roles. This dissertation also based on the position of the coerced guilty, consider the relationship among coerced offender with secondary role , principal and the accomplices, pointed out that if they are parallel, not only be contrary to the basic logic of common sense, but also contradiction with the conditions of establishment of coerced guilty, which reach the following conclusion : coerced guilty is a special morphology of principal and accomplices ,can be regarded as a legal subject to penalty relief in the criminal law.The third Chapter is in view of the problem of "transition" . the dissertation is different from the mainstream doctrine, consider that coerced guilty is a legal subject to penalty relief, can not parallel to principal and accompanies, without the possibility and feasibility of "transition".In the conclusion, I put forward my own view about coerced guilty to the criminal legislation, reveal the practical significance from the view.