Issues On Duress In Criminal Law

Duress theory in criminal law is a kind of special features of legal proceedings,Although its notion just can be know in the common law countries,But its content is recognized by our country and the civil law countries generally,Just as different appellation and positioning.Since from the centuries,The theoretical circle about the duress of Academic definition and its forced condition,Wether it can be accurately delimited a forgivable reason, There are a lot of differences.In our country criminal law theory,The complicated relationships between duress emergency hedge and coerced offender is hard to clarify.The paper based on China’s criminal law theory,and Reasonable draw lessons from foreign research achievements about theduress theory.From the connotation of the comprehensive investigation to behavior characteristic,To deeply explore the foregoing issues and tentative answer the controversial issues.besides,I am seriously argued the Rules and regulations of duress theory in our country,In order to be integrated into the Chinese criminal law theory system.Besides preface and conclusion, this paper will be divided into the following four parts:The first part mainly Introducts duerss in general term.Firstly,In countries such as the breakthrough point of legislation forced to define the behavior of the longitudinal grasp,On this basis, through the Multi-level comprehensive analysis the relationship between the stress behavior and the duress behavior put forward my view about the duress connotation. Secondly, In order to further understand the forced behavior in order to avoid confused with relevant concepts, In a summary of the way to concrete analysis the Constitutive requirements of duress,Mainly from The following aspects:the source of stress, the content of the stress, the stress of the object, display and urgency of the stress and stress the limits of the conditions in this paper.The second part mainly uses the method of comparative study to introduce the theordtical disutes about duress between the Common law countries and the Civil law countries.Contrapose to the related theory has carried on the comparative analysis and generalization of scientific summary.Under the premise,I had sufficient argumentation and reasoning then put forward my view about the duress’ essential attribute.The third part mainly discusses the forced behavior in the research status and existing problems in China’s criminal law.Domestic criminal law scholars mainly uses the criminal legislation as the starting point to explain the duress, Or think emergency actions contains the content of the forced behavior,Or should think of coercion from the category of an accomplice belongs to duress,Or think duress behavior Is the combination of Emergency hedge and Coerced accomplice. Based on introduces the relevant disputes,I am forced on An in-depth comparative analysis of the relationship between the forced behavior and the coerced accomplice As well as emergency actions.Summarize the similarities and differences between the three points and thus draw the conclusion: Forced to act in our country is different from the emergency aversion nor from the coerced accomplice.Fourth part immediately following the above discuss,While acknowledging that the nature of the duress should be forgiveness can be relief, and cannot be included in the scope of the accomplice as well as emergency actions Range of regulation.Then analysised the application situation of the Liability judgment in our country current crime constitution theory system.And introduced analytical the main two modes of the deterrent in Our crime theory system.Further put forward to the regulation of right relief of advocating and legislative Suggestions.Through the analysis of the above four parts,this paper hopes to correct positioning and regulation the duress behavior in our country criminal law.