Expectant Possibility Theory Determination Of Criminal Responsibility Of "Ordered Malfeasance" Personnel

"Ordered malfeasance" is widespread in the administrative field.Broad sense of "ordered malfeasance" refers to the malfeasance caused by the execution of a wrong decision or order of a superior.In the narrow sense,"ordered malfeasance" only refers to the situation where the crime of malfeasance is caused by the execution of the illegal decision or order of the superior.Through the analysis of the typical cases of "ordered malfeasance" in the narrow sense,it is found that there exists the problem of expanding punishment in the practice of criminal responsibility determination of "ordered malfeasance" personnel,mainly focusing on the problem of expanding the scope of the crime of "ordered malfeasance" behavior and increasing the number of conviction and punishment.To solve the above problems,from the principle,the principle of legality and the protection of human rights to achieve individual justice,the introduction of the theory of anticipated possibility should be "to malpractice" personnel of criminal responsibility identification,the lack of expectant possibility should not be "ordered malfeasance behavior into sin,to give a line in a strong administrative personnel administrative system break under stress,and its in had to" to malpractice "weakness of human nature with compassion and care.However,since it is the basic principle for public officials to exercise their public power to administer according to law and serve the people wholeheartedly,it is necessary to make clear the boundary of the crime of going in and out of the "ordered malfeasance" personnel,and to investigate the criminal responsibility is the norm,and not to investigate the criminal responsibility can only be an extreme minority.Moreover,according to the functional orientation of the theory of expectancy possibility in the determination of the criminal liability of "ordered malfeasance"personnel,the theory of expectancy possibility can only be applied to the extreme special cases where the political life with the same value as the right of life of the actor is extremely threatened.At the same time,the law and the public in accordance with the law to its role and have a higher expectation of the judicial personnel and administrative law enforcement,administrative examination and approval and other professional staff members of state organs,due to its understanding of the laws and regulations is higher than ordinary administrative staff,they implement judicial injustice,illegal behavior will damage more big profit of damage such as people’s immediate interests,so such personnel "to malpractice" behavior in principle should not be a sin.In the case of "ordered malfeasance" which is investigated for criminal responsibility,the theory of expectation possibility is introduced to adjust the penalty,and it must be strictly controlled and applied according to the principle of legality of crime and punishment,so as not to cause damage to the greater legal interests.