Research On Cognizance Of Complaint Under Duress

Coerced offender is a peculiar concept in our country criminal law legislation, the accuracy of the identified an coerced offender is related to appropriate apply the principle of suiting punishment to crime. In theory, however, the nature of an coerced offender and its relationship with the prime culprit, the accessory and the abettor still have different points of view, in practice, there are difficulties in the cognizance of "duress" of coerced offender to grasp and problems in relationship with necessity to distinguish. These bring about negative impacts to accurately identify and apply an coerced offender. Because of this, need to make some comparative analyses and references from the theory of coercive behavior in foreign criminal law, identify the nature of an coerced offender and analyze its relationship between the prime culprit, the accessory and the abettor systematicly, then identify the "duress" and distinguish the relationship between the coerced offender and the necessity, in order to betterly apply an coerced offender in the practice.In addition to the introduction the article is divided into four parts, and total nearly 40000 words in full.The first part is an overview of the coerced offender. Introduce the source of the content and background of an coerced offender on the regulation of legislation of our country and summary all previous content about the coerced offender in the revised criminal law after the founding of our country, and on this basis discuss the concept and characteristics of an coerced offender. Then compare the coercive behavior in the foreign criminal law with the coerced offender on the discussion of the Mainland criminal law system and the Anglo-American criminal law system, and refer their understanding of the nature and the applicable limits of coercive behavior.The second part is to research the "duress" of the coerced offender. On the basis of analysis in "duress" concept of the coerced offender, build a combination of subjective and objective system of standards to identify the "duress", and discuss the identifies of "duress" in several specific situation in the practice.The third part is the discussion of the relationship between the coerced offender, the prime culprit, the accessory and the abettor. On the basis of discussion between “independent accomplice” and " circumstances of sentencing " in Chinese criminal law theory,make clear of the nature of an coerced offender,then discuss the relationships between the coerced offender,the prime culprit, the accessory and the abettor,then analyze several specific situation when the coerced offender as the circumstances of sentencing in prime culprit and the accessory.Fourth part is to discuss the distinction between the coerced offender and the necessity. Firstly discuss the relationships between the coerced offender and the necessity,then discuss the differences between the coerced offender and the necessity,and explain the importance of accurately distinguish between the two. Lastly explain that we should consider both the legal nature and the applied conditions of the two comprehensively in distinguishing.