Study On Executing The Command Behavior

Execute the command behavior refers to the staff members of state organs at alower level of effective command to perform any state organ or any of itsfunctionaries, decision behavior. Execute the command behavior is a kind oflegitimation reason: lawful order execution behavior belongs to its deterrent purposes;Certain conditions, the implementation of illegal command behavior belongs to theliability to stop. Execute the command behavior as a justification for the basis of thatexist between monism and pluralism. To execute the command behavior oflegitimation conditions, there are four elements in criminal law field, the fiveelements and six essential differences. In general, execute the command behaviorjustification must possess the effectiveness of command, the legitimacy of thelegitimacy of the behavior and purpose that the conditions of the three aspects. Whenthe actor performs the act constitutes a crime illegal command, the command "illegal"means may cause serious consequences even if the case constitutes a crime, is a kindof error in the command situation more serious. Obviously illegal command andcommand content involves crime composition between higher and lower joint crime;"Executive orders" can be a greater legal punishment plot but may not be exemptedfrom punishment. To justify action to execute the command: first of all, should buildQianZhiXing system, namely verbal commands build registration system, objectionhandling system, the implementation of filing system and rewards and punishmentsystem these and execute commands to justify the criminal system.