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A Study On The Coerced Accomplice

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ZhangFull Text:PDF
GTID:2266330428461962Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Coerced accomplice is a highly distinctive law concept in China’s criminal law system. The study on coerced accomplice relates to a series of theoretical issues as joint offence theory, crime control theory, constitutive elements of crime, cause of justification, anticipated possibility, criminal integration etc. This study is based on a typical case about sex slaves in Henan Province and other related cases. The study can be divided into three parts:First, we review the classification standards of coerced accomplice in history and joint offence in extraterritorial criminal law, and define coerced accomplice as a kind of person or behavior that participates in joint offence because he is threatened by a certain degree of violence or other means of coercion. Coerced accomplice should possess constitutive elements of joint crime, limited freedom of the will, and behavior according to the duress. We believe that coerced accomplice is not a independent group of joint offenders, but a special one who have special penalty deduction reason in China’s criminal law system.Second, by horizontal comparisons of continental legal system and anglo-american legal system, we distinguish the differences between coerced accomplice, the definition of force majeure, justifiable defense, act of rescue, the instrument in indirect principal and that of duress in anglo-american legal system. In this chapter, we look into the components of coerced accomplice according to the causal relationship process, and at the same time, it also is the analysis of the characteristics of coerced accomplice too. The discussion about the legal base of conviction and commutation of coerced accomplice comes down to the relations of the criminal nature, the function of criminal law and the modesty of criminal law. We believe that the basis of special provisions culpability of coerced accomplice lies in the relative freedom of the will. Will factors makes condemnation of coerced accomplice in criminal law exist but little. Third, based on the first two parts, we make a three-dimensional interpretation about the identify system of coerced accomplice from a more macro perspective, thus highlighting the status of subjective vicious element used for determining again of joint offenders in crime theory. We believe that coerced accomplice is a special representative of history and reality which reflects the integration requirements of the criminal. The treatment policy should be comprehensively considered from both the offender and the victim angle. Then we explore the application by analogy of coerced guilty in the criminal law of China.
Keywords/Search Tags:Coerced Accomplice, Duress, Joint Offence
PDF Full Text Request
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