A Number Of Issues In The Coerced Offender

Coerced offender is a unique concept in China's criminal law theory ,which is embodied in the legislation of Article 28. This article mainly from the concept of coerced offender, characteristics, status, and all kinds of "coercion" that the specific circumstances and coerced offender legislation perfect aspects discussed. The full article is divided into four parts.The first part introduces the concept of coerced offender,characteristics and status. Coerced offender is not simply equated with the person who is coerced to participate a criminal act, but is the person who is coerced to participate a criminal act and his act has constituted a crime. Coerced offender in the crime by the real possibility of a major role, may also be a secondary role, but it is impossible for the "smaller" role, so there is only one coerced offender characteristics, that is, people involved in criminal acts of passive. The stress is just a penalty circumstance in common crime, so coerced offender is not an independent category of common criminals.The second part of the various "coercion" to be identified specific circumstances. I stressed from the content, form, time , the urgency , and results of various aspects of coercive situation analysis ,and laid the foundation to identify the establishment of the coerced offender correctly in practice.The third part is the introduction of relevant foreign legislation . Civil law countries more discuss the coercion with the necessity, and the coercion is a subject matter which will negate the law or the responsibility. The coercive behavior in Common law countries is one of the defense reasons .The common between them is that the coercive behavior can be absolution the criminal liability.Part IV focused on the improvement of China's coerced offender legislation. Although Civil law and Common law's coercive behavior theory are different with China's coerced offender, the basic spirit is linked to ,they can be used to improve China's coerced offender legislation .Article 28 of China's Criminal Law which didn't distinct the person coerced to participate the criminal act is to0 careless. I propose to meet certain conditions of the coerced out of the coerced offender, remove their guilt, not dealing with a criminal , and made China's coerced offender legislation more scientific and more perfect.