Criminal Liability Research On Illegal Collective Decision-making

In judicial practice,it is very difficult to identify the responsibility of the illegal collective decision,especially the criminal responsibility identification involved in the illegal collective decision-making is more difficult.The main difficulty lies in the two fields of the judgment of causality and the imputation of the criminal responsibility.The unlawful collective decision means that the voting rights among the members of the collective are equally effective,and the decision to engage in or not engage in the provisions of criminal law is decided by voting by the majority in the way that the majority obey the minority.There are obvious differences between unlawful collective decision-making and unit crime and common crime;there are disputes in the case of the existence of fault common offenders in the unlawful collective decision,and there are two kinds of "affirmative" and "negative",but there is no objection to the existence of negligence and negligence in the unlawful collective decision.The main problems facing the unlawful collective decision are the voting order and the explicit anonymity;the cumulative causality and the redundant causation;the inaction causality;the imputation of the unlawful collective decision.The method of "distinguishing the accused" is used to judge the causality of the unlawful collective decision.This method can avoid the predicament of judging the subjective aspects of the collective members,which are seen as the "common person" method.The objective imputation theory can be applied in the unlawful collective decision-making,mainly in the link between the creation of the risk and the realization of the risk,and the responsibility for the imputation of the unlawful collective decision needs to be concretely imputed according to the different circumstances.