On Crime Of Units And Personnel Of Criminal Responsibility

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.The thesis 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, 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 the persons who are in charge and the persons who bear direct responsibility lie in such aspects as the status, function and responsibility.In the second part, the author mainly elaborated the theory basis on the responsibility person who take the legal responsibility in the unit crime, summarized our country criminal law educational world regarding this question different viewpoint. The author thought relations is overall and the partial between the unit and the unit interior concerned natural person in the unit crime. The unit crime legal responsibility only can belong to the unit. The viewpoint is inappropriate which affirm the natural person subject of crime or joins the natural person ingredient in the unit subject of crime. In the unit crime, the unit internal natural persons undertake the legal responsibility, which is in non-natural person significance legal responsibility, but is the legal responsibility of the unit.In the third part, the author mainly illustrates the punishment application of the persons who bear responsibility, which includes the arrangement of the punishment and reasonability discussion, the difference between their response-bility 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 the freedom of other persons who bear direct responsibility, it should be lighter than the natural person's crime, except those crimes that cause heavy damage to the society. As to the persons who bear responsibility, the fine punishment shouldn't be used. The author here recommended the criminal law to add such articles to regulate that the persons who bear direct responsibility should enjoy lighter punishment or reduced punishment compared with those persons who are in charge.In the fourth part, there are several problems of the theory of penalty to person's penalty in the unit crime. According to the regulation of our criminal law, the types, the circumstances and the system of punishment are all regulated according to the natural person's crime, which cannot be used in unit crime. The author often comes across a lot of problems about the theory of penalty to unit crime in the judicial practice. Such as, can voluntary surrender exist in unit crime? How about recidivism, habitual offender, and so on? All those about application of penalty are worth our speculation and study.