Analysis On The Basic Question Of Employment Criminal

Crime on employment refers to one kind of special crime , in which the employee commits a crime independently or cooperating with the employer in the intention of the employer and on the basis of property benefits or other specific benefits supplied by the employer . Recently, with the increasing tedency of the cases year by year,news medias pay more attention to crime on employment.However, the Criminal Law does not provide clear stipulation on employment crime and relevant departments don't make a clear judicial explanation on how to define ande punish the caiminals. With such complexity of the crime itself, criminal circle still exist in the larger academic understanding of differences on some of the fundamental problems of employment crime. Imperfect legislation and theoretical confusion make our country's public security and judicial organs at a loss in the face of the crime on employment,and that greatly affect the right identificati ,treatment and prevention of the cases. So,it is very important and significant to define the essence of crime on employment correctly,understand in the form of crime and characteristics,systematically study the basic issues of the criminal conviction and sentencing.Based on multiple perspectives of criminal law, sociology of law, jurisprudence, economics, and other systems,the article,starting from the basic analysis on emplyment crime's concept,essence and forms,gives a general illustration on characteristics of crime on employment and furtherly discuss the number of basic issues on criminal conviction. On the basis of learning from foreign experience,the paper gives many prevention and control measures and proposals from the legislative, judicial, and other aspects. In addition to the introduction and conclusion, the paper launch on six parts:Part one: the summary of crime on employment. The part outlines crime on employment from two aspects of its history and foreign theory. The part mainly introduces the theory related crime on employment of foreign criminal circle, with a view on China's legislative perfection and the prevention and treatment of crime on employment. Abroad theory differences on employment mainly concentrated in the relation between the crime and jiont offence,whether employers are abetting crime and how to determine the criminal status of the employer's, and representative view are the three major, said that the Abettor , Incomplete Theory of The Crime and Abettor and Organizations Committed.Part two: the definition of crime on employment and the relationships between the crime and other related concepts.The part mainly clear the relationship between the Crime and joint offence, abetting crime, indirect perpetrator, and several other related areas: Although crime on employment mainly be a special form of jiont offence,but not all employment crimes are jiont offence;Crime on employment has no same nature to abetting crime and inderect perpetrator,which is undoubtedly a fundamental demonstrated for the separate legislation and the need to focus on governance.Part three:characteristics of crime on employment. Starting from the crime components,the part gives a complete and clear exposition of notable features which distinct from other forms of crime.The implementation of the crime requires at least employer and emplyee, and a special employment relationship between emplyer and employee in which the identity of the employer is often more special;In the subjective, crime on employment is premeditated crime, direct intentional crime, and, in the criminal motives it has very obvious characteristics;In the objective, there are two major implementation and many characeristics such as violence, concealed and the seriousness of the consequences;In the object, its violations of the social relations may be very wide-ranging, including the right to life and health as the focus.Part four: the definition of crime on employment.The patr focus on five basic problems, namely the general boundaries beteen crime and innocence, the patterns of the crime, psychological fault,over act and identity issue.The part made general provisions that we should judge in accordance with the provisions of the criminal law,analyze the special pattern in accordance with the case, and fully understand the complexity of psychological fault,over act and identity, so as to ensure the correct handling of crime on employment.Part five: criminal responsibility of crime on employment.The part carried out a detailed analysis and feasibility studies on the empolyer's status and emplyee's of the Penal Code and determining the criminal responsibility.In crime on employment, regardless of whether the employer involved in the implementation of the specific crime, employer plays a major role should be identified as the main culprits. The status of employee will depend on his specific role of crime. And on the determination of criminal responsibility, we need to adhere to the principle of shared responsibility, on the other hand, we must distinguish between employer and emplyee of the division of labor and status, the level of participation as well as the role , reflect the spirit of discrimination.Part six: prevention and treatment of crime on employment. On the basis of the above analysis,The part proposes a set of overall concept of crime prevention and control mechanism. Through cost-benefit mechanism we should attached great importance to the interests control of crime on employment, but also strengthen the mainstay of employment crime control and prevention mechanisms, improve related criminal legislation,and increase efforts to crack down on crime so as to effectively prevent and control crime on employment.