指使部属违反职责罪探究

指使部属违反职责罪,是指滥用职权,指使部属进行违反职责的活动,造成严重后果的行为。部属,含义是指具有隶属关系的下级,不包括没有隶属关系的下级。本罪中的“指使”有广义、狭义、泛化三种可能的解释,在这三种不同语境下,部属既有可能承担刑事责任,也有可能不承担刑事责任,必须针对具体的指使方式和违反职责的具体情况综合分析,只有这样,才能正确处理指使人和部属的责任问题。

On Crime of Instigating His Subordinates to Act in Transgression of Their Duties

Crime of instigating his subordinates to act in transgression of their duties is defined as an act that officer abuses his power and instigates his subordinates to act in transgression of their duties,thereby causing serious consequences.Subordinate means that one is subject to another in their relation and status.Instigating has three kinds of explanations,so broad sense,narrow sense and general sense.Subordinates may bear criminal responsibility or not.We must analyse their responsibility according as different instigating and different transgression of their duties.So,we deal with responsibility of instigator and subordinate correctly.