Be An Accomplice Under Duress Made The Abolition Of Theory

Be an accomplice under duress to make unique in China,a total of one type of prisoners it of problem has long been a joint crime theory is not open around the topic.It has "is coerced to participate in a crime" and "play a role in a joint crime is small" these two characteristics.As an accomplice had stipulated duress in our country is under the influence of traditional legal concept,follow the history background of the criminal policy in China.But at the same time also has exposed many malpractices,the regulation on the logical structure of an accomplice such as duress is not rigorous,easy to cause imbalance of legal order and the criminal law system and the lack of a certain historical basis and punishment basis,goes against the austerity of criminal policy and criminal law for the implementation of the sex principle,at the same time to the judicial work bring many difficulties,and so on."Coerced to participate in China's criminal law on crimes" were to be an accomplice of duress evaluation of criminal law,shall be punished by law.In Anglo-American law system countries,are being forced behavior as a legitimate excuses,the civil law countries will be stress behavior in emergency actions or without expected possibility and free treatment.These legislation to our country's legislation has brought the certain enlightenment,including fully consider the human nature,stress behavior in emergency actions recognized,the application of the theory of anticipated possibility and so on.Through the contrast analysis,finally draw the conclusion of an accomplice to abolish the duress,for is coerced to participate in a crime,when what is to protect the legal interests of greater than the violation of legal interests,can be dealt with emergency actions;When what is to protect the legal interests of equal to or less than the infringement of legal interests,can be an accessory to deal with,but to participate in the special crime,terrorist activities endangering state security shall not be exempted from punishment.