The Criminal Responsibility Of Other Persons Who Bear Direct Responsibility In Unit Crime

For a long time, there are a lot of books related to the unit crime, which usually pay attention to such material element of a crime as the unit, but seldom talk about the criminal responsibility of the members of the unit, especially of other persons who bear direct responsibility. For the above-mentioned reason and with the purpose of providing some help to the research on the unit crime and the attack or prevention of the unit crime, the author wants to carry out the research on the criminal responsibility of other persons who bear direct responsibility from the criminal law theory and the judicial practice. The thesis can be divided into three parts.In the first part, the author mainly illustrates the definition and the status of other persons who bear direct responsibility, which includes the concept and the characteristics of them, the difference between them and the persons who are in charge, the persons who do the specific things and the natural person and other problems that we should especially pay attention to. The author here thinks the differences between other persons who bear direct responsibility and the persons who are in charge lie in such aspects as the status, function and subjective faults. The members of the unit don't enjoy the status as the material element of a crime, which decides them to bear the criminal responsibility as the responsible person of the unit crime instead of the material element of a crime. In the second part, the author mainly illustrates the subjective and objective elements of other persons who bear direct responsibility and the thoughts on the obstacles of taking those persons into responsibility. The author also discusses such aspects as the evaluation of the behaviors of other persons who bear direct responsibility, the existence and the mode of independent criminal intention and the problems related to the subjective elements whether those persons have the intention to pursue interest for their unit. The author here thinks basically the behaviors of other persons who bear direct responsibility are the ingredients of the unit crime. The precondition for the person to bear criminal responsibility lies in that his behavior should constitute the unit crime. The unit crime should fulfill the following three conditions. Firstly, it should satisfy two substantial characteristics of unit crime, which includes such aspects as to embody the unit thought and the characteristics of the unit interest. Secondly, it should not escape the scope of the behaviors of the unit. Thirdly, it should be within the scope of the legal regulation. The criminal intention of other persons who bear direct responsibility isn't independent. It depends on the criminal intention of those persons who are in charge. The modes of subjective fault can be intentional or negligent. Subjectively, other persons who bear direct responsibility should have the intention to pursue interests for the unit. We should pay attention to the following questions. Firstly, the interest can't be limited in illegal interest. Secondly, the interest can't be limited in economic interest. Thirdly, the interest can't be limited in practical interest. If other persons who bear direct responsibility know the behavior is illegal, but they have to do it because of pressure from the order of the unit leader, the above -mentioned situation can be the reasons to prevent them from bearing criminal responsibility.In the third part, the author mainly illustrates the punishment application of other persons who bear direct responsibility, which includes the arrangement of the punishment and reasonability discussion, the difference between their responsibility and that of those persons who are in charge, the system of punishment and the application of the punishment system. The author here thinks the trend of our country's system of unit crime punishment is to use the double punishment system to take the place of the single punishment system gradually. As to the arrangement of the punishment that limits th...