Coerced Offender Research

Accomplice under duress is a special classification of joint offender in China criminal law .This article tries to discuss the conception , independent status, the establishment condition , factors of accomplice under duress.The full text altogether divides six parts. The first part briefly introduces accomplice under duress's legislation evolution. The coerce into following may be the amnesty excuse coerced followers from the ancient times to the war of liberation times reduces or avoids the punishment again to the present. Accomplice under duress 's legislation changes along with the criminal policy change, mainly is stems from splits up criminal.The second part defines conception of accomplice under duress and thinks accomplice under duress and duress are different.It is wrong to think that the accomplice under duress is not an independent joint offender and it can solve these problems if it is a measurement. The smaller affection is the special feature of accomplice under duress. The accomplice under duress is a independent joint offender. Its philosophy rationale is the relative free will theory; Its ethics basis is one kind of balance between the moral faith and in the material interest; Its penalty basis realizes the penalty goal need.The third part mainly elaborates accomplice under duress 's tenable condition. Accomplice under duress 's behavior is the secondary implementation behavior and the assistance behavior, the harm behavior direction is third party's benefit. Accomplice under duress not only is able to realize his behavior hazardous nature moreover also can realize its behavior harm result. Its will factor already may be the hope also may be the laissez faire. Speaking of the forcing condition, forces must be able to achieve suppresses its certain freedom of will the degree, forces should have the certain intensity; Forces must really exist; Forces has the certain feasibility; Forces the object already may be forcing myself, but also may be the human or the relative which has the close relation with it, under certain condition, but also may be...