The Research On Legal Nature Of Coerced Offender

To determine the legal nature of coerced offender is the basic of researchon coerced offender theory. How to identify coerced offender or how to quotethe provision to lower sentencing,how to sentencing, there is a series ofproblems depends on the correct understanding about the legal nature ofcoerced offender. In our criminal law theory, according to the standard offunction divides the principal three statutory independent accomplice, intoprincipal,accessory and coerced offender. But scholars always have questionswith if coerced offender can be a kind of accomplice. Opponents thinkcoerced offender as a sentencing circumstances. These two standpoints eachhave advantages and disadvantages. This makes, in theory, of joint-crime typefor independence will make an accomplice as duress accomplice systemappear logical loopholes, independent of an accomplice in practice no duressprisoners properties belong to a given circumstances will cause an accomplicethink duress sentencing essentially unfair. Seek a balance between them,namely the theoretical logic system of an accomplice successfully avoidduress disorder, and can satisfy when apply for a quite an accomplice induress is not only a scientific and reasonable position, the legal nature of anaccomplice to duress is to build a harmonious system of criminal theory can’tavoid it. Based on the above reason, we from the perspective of theory ofinterpretation, stood with opponents position, respectively, in turn, analysisthe advantages and disadvantages between two different theories, respectivelyfor general and against the legal nature of an accomplice to reasonably explainduress. If the existing explanation path positioning, the legal nature of anaccomplice cannot properly solve duress must be face to face with the existinglegislation defects, looking for solutions from the perspective of legislativetheory.This article is divided into four chapters. First chapter is an overview ofan accomplice to duress, concept and origin of an accomplice of this chapter introduces the duress, on the basis of the nature of "be an accompliceunder duress in an accomplice profiling duress as well as its theoretical basis,from punishment for the legal nature of an accomplice to introduce duressbefore be an accomplice under duress of this paper is to explore the guilty of adefinition of connotation and denotation. And legal nature of the two theoriesan accomplice to elicit duress.Independent of an accomplice in the second chapter mainly introducesthe duress prisoners attribute, respectively from the designing basis and placereason analysis, then introduces the theory of facing the challenge, concludedthat in my point of view of the legal nature of an accomplice to duress.As opposing views of the second chapter, third chapter introduces theextraterritorial legislation cases and the changes of the criminal policy as anaccomplice to duress provide reference sentencing plot, and as an accompliceof duress sentencing plot the legal nature of pros and cons analysis.Last chapter applies an accomplice for discussion as duress, to seek away out, in the legislative changes helped put forward in this paper, thenecessity of modification Suggestions, and do not modify the helplesssituation of commenting on legal value realization ways an accompliceproposed duress.