被胁迫情节立法的比较研究

The Comparative Research in the Circumstances of Being Forced

受胁迫犯罪在大陆法系国家中多设立为责任阻却事由,我国采用了胁从犯立法模式。胁从犯的立法模式在处罚中以行为人的行为构成胁从犯为前提,这种模式既限制了被胁迫情节的适用,也破坏了共犯体系的科学性。只有把被胁迫情节作为单独的法定量刑情节,才能有效克服上述问题。

the circumstances of being forcedthe circumstances of being forced The intimidated crime is mostly set up to a cause of non-imputability in the countries of the civil law system. Our country adopted the legislative model of coerced accomplice. In the punishment, this kind of model is based on whether the actor＂ behavior constitutes coerced accomplice or not. It not only limits the application of the circumstances of being forced, but also destroys the scientificity of joint crime system. The above problems can be overcomed effectually only if we regard the circumstances of being forced as the separate legally prescribed circumstances of sentencing.