Research On Judicial Recognized Standard Of "Superior-Subordinate Relationship" In Superior Responsibility Theory

Superior-Subordinate Relationship is the basic requirement in the superior responsibility,is the precondition of the superior responsibility was established.In the international judicial practice,for the discussion of "Superior-Subordinate Relationship " never stops.With the corresponding standards is also complicated,from beginning to end have no a unified standard uncertainty to apply.This article embarks from the type classification and responsibility of the superior,demonstrated the superior shall have the connotation.In the demonstration of the cognizance standard "superior-subordinate relationship " ought to be,to have appeared and standard used to comb.Pointed out that for the cognizance of "Superior-Subordinate Relationship",need from the control,and effective command and control,effective jurisdiction control,substantial ability to stop or punish crime from three aspects,which really clearly grasp the "superior-subordinate relationship"."Superior-Subordinate Relationship" is the objective basis,the superior responsibility and superior responsibility established prevailing elements,in the superior responsibility theory at the core position.For the cognizance of "Superior-Subordinate Relationship",need to clear under the premise of the superior concept,to grasp the core of the corresponding keywords.For the control and effective command and control,effective jurisdiction and control,shall,according to the type of the superior responsibility,to identify different requirements accordingly.Military system,military commanders should pay more attention to the discipline and organized.While other superiors,corresponding organization management system should be emphasized.For substantial ability to prevent or punish crime,shall be conducted according to the requirement of effectiveness.This ability should not only exist,and the exercise of power to achieve effective effect obviously.Finally,the "Superior-Subordinate Relationship" in the process of judicial cognizance standard should be implemented to the judicial application.Design targeted evidence rules and the distribution of burden of proof system,strengthen the international judicialassistance,make the cognizance of "Superior-Subordinate Relationship" have more ample evidence to support.Also pointed out that "appearance" the necessary element of the "effective control" standard function type also does not affect the use of "effective control" standard.