Employment Criminal Responsibility For Crimes Analysis

In the recent years,the crimes with hiring nature increase,the forms of crimes become complicated and the harm turns to be more and more serious. Wherever the field of criminal law theory or administrative practices,the research on hiring crime is still superficial,thus the efficient sanctions of the increasing serious hiring crimes urgently need the theoretical guidance.At present,concerning on the hiring crime in our theoretical field,people usually only interpret hiring crime within the established criminal forms.Some attribute hiring crime to common crime;some regard it as abetting crime,but these understanding narrows down the scope of hiring crime,and not beneficial for the comprehensive study on the issues of hiring crime,thus affects its guiding significance for administrative practices.Therefore, thorough studies on the nature and criminal liability and other issues of hiring crime will have important practical significances.Hiring crime is a kind of criminal form with special nature,which includes the form of common crime as well as the form of non-common crime;which not only exists as abettors and organized offenders,but also as committing criminals,accessory offenders and indirect principal offenders.A clear understanding of the nature of hiring crime plays a crucial role for correct identification of the criminal liability of the two parts in hiring crime.This paper starts with a concrete case of hiring crime,and determines the definition of hiring crime,and tries to explore the nature of it,and then attempts to proceed from the two aspects of common crime and non-common crime.Based on the classification of labor-division and role-division,it concretely discusses the criminal liability of the employee and employer in hiring crime,expecting to offer some help to the administrative practices of hiring crime.This paper is divided into five parts:The first part is the case cause,that is,Lin employed criminals for murder.The second part of the case,mainly introduces the process that Lin employed criminal for murder. The third part is the case focus,including the scope of hiring crime,the criminal nature and liability of the employer and employee in this case.Partâ…£the controversial and different opinions,mainly are deputes and differences on the definition,nature of hiring crime,and the criminal liability of the employers and employees in the crime.Partâ…¤is the conclusion,which is the center of this paper and it concretely analyzes the conclusion of this paper from three aspects.The first conclusion is mainly about the definition of hiring crime.The analysis of several definitions about hiring crime is first given in this part. Based on the scientifically determination of its definition,it discusses some disputed problems such as whether the pays of hiring crime reflects as money; whether it totally belongs to common crime,etc.On one hand,it provides a precise definition of hiring crime,regarding that it is a sort of crime that under the condition that the employer offers or promises to offer certain interests and orders the employee to take crime to achieve criminal purpose.On the other hand,it analyzes the characteristics of hiring crime from the perspectives of the subject,subjective and objective aspects of crime constitution.The second conclusion is about the nature of hiring crime.From the collation and stipulation of the nature of hiring crime,combining the concrete case,it concretely analyzes the criminal natures of common principal offenders,abettors,organized offenders,accessory offenders and the indirect principal offenders.Through analysis,it concludes that not only the traditional common principal offenders and common scheme principal offenders exist in hiring crime,but also the organized offenders exist in the crime.Hiring crime is a special crime form,which overlaps with common crime.Hiring crime is common crime in the most part,but the non-common crime also exists.So it can not be simply regarded as the subordinate of common crime.The third conclusion is on the identification of the criminal liability in hiring crime.Concerning with the concrete cases,it concretely analyzes the criminal liability of the two parts of hiring from the two situations of common crime and non-common crime.On the basis of the classification of common crime,it analyzes the requisites,criminal liability and over committing problems from the perspective of common principal offenders;it concretely analyzes the types of abettors in the cases and the criminal liability the abetted criminals should take in the cases if the crime is over committed in the perspective of the classification of abettors;it analyzes the existence of the organized offenders and their criminal liability in the cases,and also analyzes the criminal liability of organized offenders if the commit is over limited and the circumstances of the existence of accessory offenders in hiring crime. Finally,it analyzes the circumstances of the existence of non-common crime in hiring crime,and the criminal liability of the indirect principal criminals in hiring crime.