Font Size: a A A

Be Coerced To Participate In The Study Of Crime,

Posted on:2006-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:X M HuFull Text:PDF
GTID:2206360155969138Subject:Law
Abstract/Summary:PDF Full Text Request
The duress set forth in the article is different from the threat in the criminal crime of China in that the duress is based on the conduct and the imposition under which one behaves in the control of some other persons to do what he is told to do with a less guilty mind.The threat in the criminal crime of China with the background of group criminality is opposed to perpetrator under the principle of education and punishment .Compared the duress with the threat ,we can come to see that the latter in the theory is regarded as something followed suit by the perpetrator which should not have been the attitude to the criminal crime.The duress to be charged as a necessity is beyond the question in the theory of the continental law legal family while every nation's legal system has its own characteristics to the necessity.However,in the theory of the criminal crime of China the necessity is regarded as something beneficial and justifiable to the society that he is to told to do.The anticipated possibility ..restricting the reponsibilityjudges the perpetrator according to his conduct in the common sense under the duress of some situations attached when the duress is beyond the necessity.Although the threat can be released or set free from their conduct.lt is necessary that the duress should be studied through the theory of the anticipated possibility and anylysises why the duress is restricted or released with it which must be attributed to the theory how the criminal liability of the duress is limited in the whole in the thoery of the criminal crime of China.
Keywords/Search Tags:duress threat necessity, anticipated possibility, criminal, liability
PDF Full Text Request
Related items