The Research Of The Boundaries Of Necessity And Coerced Accomplice

In recent years,the forced killing cases occur repeatedly,how to handle such cases has caused a lot of controversy.Necessity and coerced accomplice include the content of stress to a certain extent,which causes the dispute in such cases that whether the behavior of being forced to kill is necessity or coerced accomplice.The criminal law of our country makes the related provisions of necessity and coerced accomplice,but the criminal law theoretical circles' s understanding of necessity and coerced accomplice exists ambiguities.Which causes that in the process of judicial adjudication,when it comes to the act under coercive,there is some controversy over the identification of necessity and coerced accomplice and it seriously affect the public's recognition of justice.This dissertation takes the Xia's forced killing case for example and uses comparative study methods to explore the difficultly differentiating problem of necessity and coerced accomplice in judicial practice.And analysis of the two factors that affect the identification and differentiation,and clears its specific boundaries for getting a more profound understanding of necessity and coerced accomplice and dealing with the qualitative problem of the stress behavior more accurately.This article altogether divides into four parts.The first part is the introduction of the basic situation of the Xia's forced Killing Case.It includes the case of action,the merits,the different opinions and the focus of controversy.The second part is the legal theory of the relevant issues,which includes three parts.The first part is the analysis of the difficult problems in the determination of necessity.The second part is the analysis of the difficult problems in the determination of coerced accomplice,and the special conditions of coerced accomplice is discussed in detail.The third part is the specific elaboration of the boundaries between necessity and coerced accomplice.The third part is the conclusion of the case.First of all,the Xia is not the coerced accomplice.Secondly, the behavior of the Xia should be identified as the necessity.Finally, the kidnappers are indirect principal offenders.The fourth part is the enlightenment of the case.