Civil Service To Execute Commands Behavior Problems

In our country's current criminal law, the research of justification behavior have not still produced the good effect, especially for "carrying - order - out actions by civil servant", one part of the justification behaviors, there is only few people to study it. Pointing at the particularity of the carrying - order - out actions by civil servant and combining with "the People's Republic of China civil servant law" passed on April 27th 2005, the paper sufficiently discussed some issues of carrying - order - out actions by civil servant so as to improve our country's criminal law practically and theoretically.The paper was divided into four parts: the summarization of carrying - order -out actions by civil servant, related legislation case of different countries and comparison between them, legislation essence of carrying - order - out actions by civil servant, and reference meaning for our country's criminal law.The first part discusses firstly the range and the essential character of civil servants, and defines the range of Chinese national organ, of Chinese national employees (civil servants) and their essential character, on the basis of which, the concept and character of carrying - order - out actions by civil servant is also introduced.The second part firstly introduces and compares legislation of different countries for carrying - order - out actions by civil servant, summarizes similarities and differences of related legislation in different countries, and finally introduces general situation of carrying - order - out actions by civil servant in theory of Chinese criminal law.The third part is emphases of this article. Bases on theory of criminal law of continental law system, penman expounds two different viewpoints about the essence of legislation regarding carrying - order - out actions by civil servant, which are thesis of impediment of illegality and thesis of impediment of responsibility. Next the paper clarifies penman viewpoint that carrying - order - out actions by civil servant in criminal law should be researched in thesis of impediment of illegality. Under this...