Criminal Responsibility Of Military Leaders As International Perpetrators And Accomplices

As the subjects of international criminal law, international crimes are usually tightly organized, with perfect system and lots of participants. Because of the organization of international crimes, military officers who on the top of an organization body always play a decisive role in crimes. Research on criminal responsibility of military leaders as perpetrators and accomplices, can not only make all kinds of crimes of military governor,combed the accomplice participation form problems at the same time, but also can promote the development of an accomplice theory in our country, in order to contribute to the perfection of criminal legal system in China.Before researching the responsibilities of military chief in international crimes, this paper first show the domestic and foreign criminal law educational world to accomplice system theory, the theory of the German scholar Roxin criminal facts control theory begins as a research starting point, determined in accordance with the international tide of crime accomplice binary distinguish responsibility model as the premise of analysis of military chief responsibility, accomplice participation form is divided into one mode and accomplice.Secondly, combining with the Rome statute of the international criminal court in the classification of crime and the accomplice and the international criminal judicial practice to analyze the military officer shall bear the responsibility, as various roles including as a direct one and indirect crime and joint crime of crime responsibility, and as an instigator,help and support of accomplice liability, also discussed the particularity of military governor of the accomplice crime responsibility. Finally, the article through the analysis of the above content, draw lessons from Germany and the theory of common crime theory and legislation, to explore China’s criminal law to the distinction between binary mode of acceptance and the introduction of possibilities, so as to the perfection of criminal legal system of the communist party of China made in China to bring some enlightenment, and of such as the underworld organization type of crime to provide a feasible model of imputation.Articles will combine international criminal legislation and the criminal responsibility of military officers tightly, analyzes the foms of joint crime deeply. Through inspecting whether there is a land for the mode which divides crimes into two forms in our country,finding that the accomplice participation form and the criminal legal system of our country have good fit, introducting this mode to solve the problems such as the Mafia-style organization crime in criminal law are of strategic significance.