The Research Of Superior Responsibility In International Criminal Law

The supervisor responsibilities which stated in article28of the Rome statute ofthe international criminal court, is to respond effectively to the civilian and militarycommanders and political superiors superior to subordinate personnel crime ofnonfeasance. At present, along with the continuously strengthen of internationalintegration, more and more international crime presents the precision organizations orgroups. The controller of the staff is more harmful than the ordinary members. It isneeded to punish for this part of the superior staff, so set higher responsibilities in theinternational legal documents. To the supervisor responsibility law, especially in theRome statute of the international criminal court to make clear a regulation, superiorresponsibility shall be investigated and the final implementation is an importantmilestone. But we also know that a clear legal stipulation does not mean playing agood effect. It is so in the supervisor responsibility regulation. In spite of the relevantinternational legal documents of the superior responsibility were clearly defined, butit was affected by many factors, implementing superior responsibility shall beinvestigated and do not achieve good results. Some scholars point out that thesuperior responsibility is basically a failure.On the one hand, the reality needs thesupervisor responsibility, on the other hand, the superior responsibility is lacking.stemmed from the contradiction, the author conducted a study, thinking, andeventually work out an article.This paper is divided into fore parts, the idea is along the lines of the problemsand finally solve the problem.The first part is a basic thing and the main content is an overview of basic issuesof higher responsibility. In this part the author commander has been clear about theresponsibility, authority, responsibility, higher direct responsibility, indirectresponsibility at higher levels, etc basic concepts and ultimately determines themeaning of this paper to illustrate the superior responsibility. Expounding thesupervisor responsibility, the accordance of the responsibility to the properties ofelements, as well as the superior responsibility. For the superior properties of responsibility, the idea is not unified, the author expounded on it. Through this partof the paper, the superior responsibility is overviewed.The second part mainly introduced the provisions of the international criminalresponsibility of the superior and its existing problems. Current international criminallaw and other relevant legal documents for the superior responsible regulation ismainly embodied in two aspects: one is directly to the supervisor responsibility,positive regulation, another is confirmed from the reverse side to the supervisorresponsibility, also is the official identity exemption principle; The author thinks thatthe superior responsibility on the problems existing in the law of main performance islack of independent sentencing patterns, direct responsibility and superiorresponsibility is not clear, lack of maneuverability, the immunity law on the issue ofconflict between laws and regulations, etc.The third part mainly introduces the judicial practice the superior responsibilityregulation and its existing problems. Judicial practice to the supervisor responsibilitymainly from the aspects of regulating the talks: the superior responsible under thejurisdiction of the two kinds of pattern, the supervisor responsibility exemption in thejudicial practice, judicial practice in the supervisor responsibility of internationaljudicial assistance, etc.; The author thinks that the supervisor responsibility shall beinvestigated and the problems existing in the implementation of mainly embodied in:the superior responsibility is very difficult to apply in actual judicial practice; Theinternational judicial assistance is difficult to effectively implement; Penaltyexecution supervision does not reach the designated position.The fourth part is the last part of the article, the author puts forward the furtherimplementation of the international criminal law in the supervisor responsibility ofrelevant countermeasures. Specific measures include: strict implementation ofsupervisor personnel punishment "failure" of responsibility; Superior responsibility ofdomestic legislation; Expand the international court of justice and the domestic courtnew ways of cooperation.I have been learning by writing and thinking this article. Chinese scholars mostlyfocus on the superior concept, constituent elements, and the commanders of differentaspects of relevant concepts for the superior liability research. These basic problems of research inspired me. The whereabouts of most vitality and any kind of law is toguide practice. Superior application in practice is limited, and the author Suggestionsto further implement the superior responsibility, also is the end of the article to solvepart of the problem discussed clearly are thin. Due to the limitation of the author’slevel, to the superior the realization of the responsibility is not very constructivesuggestions, is a introduction and description. Finally, the superior responsibilityeventually involves many aspects, inseparable from the international community andcooperation between the countries.