The Criminal Responsibility Of The Members Of The 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 the persons who are in charge and the persons who bear direct responsibility.For the above-mentioned reasons 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 the person who bears responsibility in unit crime from the criminal law theory and the judicial practice.These can be divided into four parts.In the first part, the author mainly illustrates the definition and the status of the persons who bear responsibility, and explain what is the "direct responsibility". There is no definition in the Penal Code, but simply distinguish the directly responsible person and other directly responsible person. In 2001,the Supreme Court issued "the National Court justice financial crime cases meeting", in which discuss the two kinds of responsible persons' concepts. Then, the author explain the contents of "directly responsibility", it refers to the legal responsibility the members of the unit who involved in the crimes undertake.The content of the direct responsibility is the basis of the following explanation of the directly responsible person and other directly responsible person;Next,the summary displays the legal rule about the persons who bear responsibility and related judicial interpretation so far. We can see, the legal rule and judicial interpretation are very limited,even have the contradictory,it isn't good for practice.In the second part, the author mainly illustrates the concept and the characteristic of the persons who are in charge. After introduce some opinions in unit crime about them above,the author think it should be form the responsibility,function and the role to identify the persons who are in charge. It's content is that the person who plays the important role, such as decision-making, command, supervision, and decides to organize, command unit or lack of supervision. At the same time, the actual cases demonstrate how to identify the person in charge in practice. In the third part, there is the theory of the other directly responsible person. First, the author introduce the different opinions about the content. Then, the author demonstrate how to identify the other directly responsible person with the case. It should have five conditions to identify the persons who bear direct responsibility: internal members,the criminal activities,the specific crimes,a subjective.So,the author agree with the persons who bear responsibilities limits the scope of "active participation in the unit crimes and crimes committed by units of a greater role in the unit members".Then, it should be pointed out from the status, the function, the subjective malignancy and the legal responsibility to distinguish the unit crime direct responsible staff and other direct responsibility person.In the four part, the author mainly illustrates the punishment application of the persons who bear responsibility. First, there is a brief introduction of foreign and domestic about the punishment application of the units criminal the persons who bear responsibility,the discussion is very intense. Then, discuss the forms and punishment of criminal responsibility.In my opinion, the criminal law to add such articles to regulate that the persons who bear responsibility should enjoy lighter punishment. The persons who bear responsibility should be condemned fines smaller than the unit,as the same time, it must be cautious to use the death penalty to the responsibility persons. There are many problems in the criminal penalties applicable personnel directly responsible, such as differentiate the host culprit, the person surrenders, the author proposes viewpoints. The problem "differentiate the host" shouldn't be resolved by "accomplice said" or "accomplice denied said", it should be considered from the position and role in the unit. Because is the bearing responsibility persons of the unit crime is two, the unit and the directly responsible person, it should be distinguished whether the surrender is on behalf of individuals or unit.