雇员从业犯罪多为生计所迫,与雇主之间属于雇佣劳动关系,犯罪目的不明显,参与程度不深,在定罪量刑时应该与雇主区别对待,这是期待可能性、刑法谦抑性等刑法理论题中应有之意。但现有的刑事立法对此并没有作特别的考量,导致对一些雇员刑事责任追究过于严厉。在立法和司法实践中,应参照单位犯罪的有关立法精神,适用刑事责任区分对待原则,对雇员普遍适用从犯情节,从轻处罚甚至免于刑事处罚。 Employers engaged in crime are often forced by their livelihood, belong to wage-labor relations with employers, the purpose of crime is not obvious, the degree of participation is not deep, and should be discriminated against employers in the process of conviction and sentencing, which is the expectation possibility and criminal law modesty The theoretical question should have meaning. However, the existing criminal legislation has not given any special consideration to this and has led to the over-strict criminal liability of some employees. In the legislative and judicial practice, we should refer to the relevant legislative spirit of the unit crime, apply the principle of distinguishing between criminal responsibility and apply generally to the employees for offenses, lenient punishments or even exempt from criminal penalties.