The Research On Identification Of Coerced Offender

Coerced offender is a unique legal term in our country that exists for a long time. The provisions of coerced offender have been amended several times before reaching the current model. Issues are proposed regarding to this term, such as is there adequate space for coerced offender under China's actual conditions, how to qualify the relevant standards, is there any difference between urgent danger prevention, what is the relationship between coerced offender and other joint offenders and so on. In consideration of these issues, the paper devotes to exploring the identifications of coerced offender.The main text contains three parts, besides introduction and conclusion.The first part examines the theoretical foundations of coerced offender. Analysis of the necessities of coerced offender is carried out in terms of economics, ethnics, philosophy of law, and criminal law.The second part explores the standards of coerced offender, which is also the key point of this paper. The author conducts investigations from constitutive elements and behavior process perspectives. Constitutive elements are discussed from content of perspective, subjective aspects, objective aspects and act of rescue. Investigations of behavior process are mainly based on development of behavior, which is readily divided in three parts:preparation stage, practice stage and cdmpletion of a criminal.The last part is about discrimination between coerced offender and joint principal offender, accomplice, indirect principal, principal offender, accessorial and abettor. The author attempts to distinguish the coerced offender and other joint offenders clearly through comparison.