Research On The Coerced Offender

The Coerced offender was originated in the criminal policy named “Coerced offender has no crime” in the period of Revolution War,and is special in the Theory of Criminal Law in China.However,because of historical and realistic reasons,the Coerced offender has been in an embarrassing position.The meanings of Coerced offender,its relationship with Joint Crime,how its position in crime theory system and so on,these problems in theory and practice are controversial in Law because the legislation is imperfect.Therefore,in this paper,we discuss about the Coerced offender in four parts,the concept of Coerced offender,the trouble of its theory and practice,its status,and established conditions in Criminal Law System.And hope we can solve the confusion of Coerced offender clearly.In the first chapter,we discuss about the concept of Coerced offender and its legislative evolution.For the concept Coerced offender,we pay attention to introduce different theories of Coerced offender,and compare these different theories to discuss the reasonable meanings of Coerced offender.The history evolution of Coerced offender includes ancient history and modern times.The ancient history of Coerced offender can not give lessons to current legislation in specific institutional level,but its long standing thought can give inspiration to establish the Criminal Law with Chinese-style legal culture.And the modern development of Coerced offender describes the status of Coerced offender evolved from Non co-criminal to Fuzzy status special criminal,to Legislative confirmed Independent co-criminal,to the position was questioned again.In the second chapter,we discuss about the theoretical controversy and difficult implementation of Coerced offender.This chapter pay attention to reveal the producing contradiction of Coerced offender in Chinese Criminal Law System,through two aspects,theory and practice.In theory aspect,we use semantic analysis,system interpretation and logical deduction methods,and take if it is included in concept of Coerced offender or if its role in Joint Crime can be conducted from the relationship between concept and laws as mainline,to discuss if the Coerced offender has independent status in Joint Crime,and derive the suspicious relationship between Coerced offender and Joint Crime.In practice aspects,the Coerced offender theory is divorced from the legislation,and causes the Justice disordered and derailed from practice and even beyond people forecast.It makes the cognizance of Coerced offender become non-technical together with rough legislative regulation.The third chapter is the introduce and analysis of foreign legislation of Coerced offender.Because the Coerced offender is original in China,there is no completely same concept aboard.But both Continental law system and Anglo American law system have coercion theory.Although it is not equal to Coerced offender,it aims to solve the conviction and sentencing issues for the people who was coerced to crime.In Continental law system,the coercion behavior is closely related to Act of rescue.In Anglo American law system,the constitute and cognition of coercion is explicit and scientific,and give the learning model to our country,included the positioning of Coerced offender theory and the refinement of Coerced offender constituents.The forth chapter discuss the established condition of Coerced offender.Previous three chapters evaluate and analyse all the problems of Coerced offender,and their final purpose is to produce the rigorous and reasonable concludes based on conceptual knowledge.The best position of Coerced offender should remove the Joint Crime for keeping the Joint Offenders Classification scientific,and adaptively bring the Coerced offender into Criminal Discretion System.On detailed constituents of coercion,we pay attention to explicit the existing standards of coercion,and thoroughly limit the established condition of Coerced offender according to the partition of coercion extent,the begin time of coercion,the object limitations and the accusation limitations.At last,pointing to the discussion of feature measurement of Coerced offender,we suggest that the punishment regulation of Coerced offender can be modified to “lighter,alleviate and exempt punishment”.