The Research Of Accomplice Under Duress

The emergency and development of accomplices under duress has a unique history. Theaccomplice under duress has evolved from the criminal policy，which is accomplices underduress shall go unpunished，those who are forced to follow are not to be punished. Theprimary coverage of this essay constitutes by three parts: the basic overview of accomplicesunder duress; criminal constitution of accomplice under duress; the dilemma and legislativeimprovement of accomplice under duress.The first part, the basic overview of the coerced offender, includes its concept,characteristics and the theory foundation. The accomplice under duress means those who haveparticipated in the crime not voluntarily，and caused damages on the interests of the thirdperson because their own or their stakeholders personal, property rights and interests havebeen threatened by others violence or other forms seriously. The characteristics of coercedoffenders have two aspects: not entirely voluntary participation of the crime and playing asmall role in a joint crime. The theory foundation of the coerced offender, which made fromphilosophy, psychology, ethics and criminal law, aimed at discussing the basis of the criminalresponsibility of the accomplice under duress who should be punished and with a lesserpenalty.The second part is the accomplice under duress. The important of this part intends toascribe duress. The establishment of duress should be limited strictly from aspects of theobjective reality, content, extent, object, time and space conditions and special exclusions etc.The subjective aspects of coerced offender consist of cognition factor and will factor: coercedharm on their behaviors and the result should be recognized, and the harmful results areindirect intent or negligence. Objective elements include: the coerced offender in the crime,harm the interests of the third. Firstly, acting in a joint crime is the premise of establishmentof the coerced offender; secondly, the coerced offender’s acts involved in criminal canimplemented actions, and also be helping behavior; finally, the behavior damage the interestsof the third person, otherwise, it can be directly applicable to the specific provisions ofcriminal law provisions, or for self-defense theory.The third part is the main difficulties of the accomplice under duress in theory and inpractice, to illustrate the "unreasonable" criminal law of article twenty-eighth, finally putforward the suggestions of legislation, this part is the key. More and more scholars advocate the theory that the coerced offender is independent in the common crime. The twenty-eighthof Criminal law is not the basis of the coerced accomplice. The accomplice under duress isalso not statutory independent accomplice, but belongs to a sub concept under duress. Theterm "coerced offender" can still exist in the theory and practice in order to the convenience oftheoretical research and judicial practice. For ensuring the integrity and co-ordination of legalsystem, the provisions of "the coerced offender" should be included in the legislation of theaccomplice under duress.