What legal responsibility should be borne by the leader for violating the law and violating the law?

Those who are instructed by leaders to violate the rules and conduct shall bear corresponding criminal responsibility, and shall be punished separately according to the crimes committed.

Legal analysis

Accomplice who is instructed by the leader to violate laws and regulations, and the accomplice is one of the symmetrical and accomplice types of the principal offender. Refers to elements who play a secondary or auxiliary role in a joint crime. Playing an auxiliary role refers to creating favorable conditions for the commission of crimes, such as making suggestions, providing tools, removing obstacles, etc.

Playing a secondary role refers to carrying out a specific criminal activity under the direction of the principal offender, or committing a certain criminal act with minor circumstances in a general joint crime. According to the provisions of the Criminal Law of China, those who have conspiracy in advance to help after committing a crime shall be punished as accomplices; Accomplices shall be given a mitigated, commuted, or waived punishment. Foreign scholars also refer to accomplices as aiders, that is, those who help others in committing crimes before or during their acts.

A criminal who plays a secondary role in a joint crime is a principal offender who plays a secondary role. The so-called principal offender who plays a secondary role is relative to the principal offender who plays a major role, and refers to a criminal who has directly participated in the commission of an act that constitutes an objective element of the crime, but whose role is still secondary in terms of measurement. Playing a secondary role in a joint crime usually means directly participating in the commission of the criminal act, but playing a secondary role in the overall criminal activity.

The criminal liability of an accessory is less severe than that of the principal offender. However, this does not mean that all accomplices are necessarily punished less severely than the principal offenders. Because the principal offender may have mitigating or mitigating or even exempting circumstances (e.g., voluntary surrender), when the accessory does not have such circumstances, he should certainly not be mitigated, mitigated or exempted from punishment by virtue of the mitigating, mitigating or exempting punishment of the principal offender.

Legal basis

Criminal Law of the People's Republic of China

Article 25: Joint crimes refer to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

Article 27: Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

The facts of the case are too simple.

Illegal? Is it a criminal act or a general offense?

Whether it is an illegal act assigned by a leader to perform duties, or a private act.

It's all different. But there are a few things in common.

Regardless of whether they are instructed by the leader or not, as long as it is illegal, they will bear the legal responsibility of responding.

If you are coerced by the leader, you will be dealt with lightly.

If it is a general instruction, you will do it, and if it is a criminal act, you are an accomplice.

There are some exceptions, such as:"Bribery by the unit", the legal representative is required to bear the responsibility.

Instructed by the leader to bribe relevant personnel for the benefit of the unit.

Legal Analysis: Depends on the circumstances. If the leader is aware of the illegal behavior of his subordinates and allows it to be permissive, he must bear the responsibility for poor management and negligence, as well as bear a certain amount of liability for compensation; If the leader is unaware of the illegal behavior of his subordinates, he is not liable.

Legal basis: Article 397 of the Criminal Law of the People's Republic of China: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.

Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law provides otherwise, follow those provisions.

Legal analysis: If the employees of the unit violate the law and commit crimes, if the leader belongs to management, he shall bear the corresponding administrative responsibility. If the leader is involved, he will naturally have corresponding criminal liability.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China Where the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.