Study Of Individual Liability In Corporate Criminal

The corporate crime is the widespread dispute topic in the world. Since 1980s, our country began the discussion. During this time, there are too many monographs and thesis. But these monographs and thesis are mostly related the corporate. Such as offender,responsibility for a crime, and so on. And the systematic discussion of the person's responsibility only has a few. Just because this, the author sprouted the idea, which has carried on a system discussion of the individual legal responsibility to the corporate crime.This article divides into five parts:The first part is introduction.The second part, mainly elaborated the corporate crime individual legal responsibility's theory basis.In first section proposed the personal responsibility, is precisely the subjective and objective unification principle analysis inevitable result. The natural person attributes which rebukes possible and the corporate member behavior, undertook the legal responsibility for the corporate interior natural person to provide the basis.In second section, the overseas theory lies between comments. Introduced and has evaluated the overseas theory, namely the mainland legal system risk theory, the error responsibility mediate the enterprise organization responsibility theory; British and American legal system substitution responsibility theory and identical principle theory.In third section, the domestic theory lies between comments. Introduced evaluated the domestic common crime to say, two subjects of crime said, the double-decked crime mechanism discussed, the compound main body discusses, the dual main bodies mediates the association legal responsibility theory.The third part, the mainland legal system, the British and American legal system as well as our country are connected commentary of the legislation stipulation. Plans through the domestic and foreign comparisons, discovered our country law correlation stipulation the superiority and insufficient is at.The first section is related to the mainland legal system and the British and American legal system country legislation. In the mainland legal system, France mainly through one by the natural person and legal person's legal responsibility integration penal code, undertook the legal responsibility condition to the legal person to make the explicit definition, but also undertook the legal responsibility situation to natural person to make the explanation, its essence was the natural person and the legal person took the common crime processed; Japan mainly is and so on the attached criminal law way makes the stipulation through the administrative economical laws and regulations, mainly is"two punishes to the legal person and natural person's punishment through it stipulated"manifests, at present has to"three punishes stipulates"the development tendency; The German penal code does not acknowledge the unit crime, but has in the attached criminal law is similar Japan's stipulation; The Italian penal code had not stipulated the unit crime, every meets in other countries is regarded as the unit crime the behavior, all is the direct investigation correlation responsibility personnel's legal responsibility. In the British and American legal system country, the English Approval Unit crime, implements two punishes the system; US "Model Penal code" also approves the unit crime.The second section is related to our country's legislation. Our country criminal law in adopts above the legislation pattern foundation to the unit crime which the total score unifies, is through two punishes the system to individual investigation legal responsibility manifests. Says specifically, divides into three situations: In the impure unit crime unit member and the natural person with punish; In the impure unit crime unit member and the natural person punish differently; In pure unit crime unit member responsibility. The author approves to the natural person who participates in the unit crime should be opposite in the natural person crime lenient punishment.The fourth part, mainly aims at the question which the present legislation brings to carry on the elaboration.The first section is related to the question which is the legal responsibility corporate member. 1) The union criminal law 31st stipulation, through to appraisal the different viewpoint, pointed out the direct responsible staff should include four kind of personnel.2) Other direct responsibility personnel's scope should from its subjective aspect, in the unit crime function, the status three aspects carry on the determination.3) In carries on the explanation to the present judicial interpretation in the foundation, proposed in the ordinary circumstances the responsibility personnel does not differentiate the principal offender, the accessory culprit, cannot affect them to unit crime legal responsibility undertaking. But when affects when the responsibility personnel interior to the unit crime different function them to the unit crime legal responsibility share, is the implementation responsibility for an offense punishment adapts the principle, must differentiate the principal offender, the accessory culprit to the direct responsibility personnel.The second section is related to the responsibility personnel's penalty. 1)Limit the responsibility personnel is suitable death penalty, only in production, sales fake medicine crime, production, sale virulent, harmful food crime, smuggling weapon, ammunition crime, smuggles the nuclear material crime and so on this kind of social hazardous nature to be enormous, in the consequence and the serious crime is suitable the death penalty to the responsibility personnel.2) In the accessory punishment, regarding the dispute great fine punishment, should persist to be suitable, but must have consummates. Condemns the fine the standard to be supposed further to be clear about, not only must follow the criminal law 52nd stipulation the crime plot standard, but also should consider crime person's actual bearing capacity and the penalty carry out the effect.3)The non-penalty handles the measure to take the penalty the essential supplement, has its legal basis (criminal law 31st and 37th) and the goal basis (already can manifest punishes with basic criminal policy which spacious unifies, also can achieve prevention crime goal). Concrete is suitable requests: The responsibility personnel must constitute the crime in unit's behavior, this is the prerequisite; The unit crime must achieve"the plot is slight, and does not need to condemn the penalty"condition; May be suitable the measure has admonishes, orders signs a legal statement repented, apologizes, the compensation loses, or gives the administrative sanctions or the administrative sanction by the department responsible for the work.The fifth part is conclusion.