The Criminal Responsibility Basis Of Double Punishment Of Unit Crime

On real life,the unit crime is increasing,because of the economic development and social progress,we participate in social life in addition is the name of their personal battle,more and more the name of the unit to participate in social competition.Then the attendant crime on the unit more and more.However,the nature of the unit and the nature of the criminal law is quite different,so the study of the problem of unit crime is conducive to the distinction between the crime and the natural person,is conducive to better judicial activities.The first part is the introduction,first is the unit crime in our country in the general provisions of criminal law legislation are briefly introduced,followed by the clarity of the unit includes not only the legal organization also includes the unincorporated organizations,and the unit crime in our country and foreign corporate crime and corporate crime although different,but the essence is to distinguish the natural and the name of the organization crime of crime.Thirdly,it introduces the single penalty system and double punishment system,and analyzes the disadvantages of the single penalty system.Finally,the author puts forward the basis of criminal liability under the double penalty system.The second part is about the subject of unit crime under double punishment system.The first is the nature of legal person,that is,the entity is entity or legal fiction.The author analyzes that it is more reasonable to choose the theory of corporate entity when discussing the problem of unit crime.Secondly,the author discusses the criminal responsibility of the unit and the punishment of the criminal law.Finally,it is the subject of unit crime,which chooses one dollar subject as its own viewpoint between the subject and the two subject.The third part is the basis of the analysis of the double penalty system of unit crime.Mainly divided into two aspects:first,how to define the unit as the subject of crime,mainly from the characteristics of the unit to the unit analysis.Then it introduces eight theories about the criminal responsibility of the unit,and through the analysis,the reason is because the unit criminal responsibility of the unit as the subject of unit crime,because of his intention to commit crime,meet their own behavior and the need to bear the criminal punishment,punishment basis derived from its own.The fourth part is the basis of the analysis of the double penalty system of unit crime.It can be divided into two aspects:first,the criminal responsibility of the unit crime-how to identify the direct responsibility of the person in charge and other directly responsible personnel.The second is the individual criminal responsibility according to the individual criminal responsibility theory is analyzed,that the individual criminal responsibility is the allocation of criminal responsibility of the unit,not because people constitute a crime.The fifth part is the use of the above analysis of the conclusions of the unit as the main body of the crime is appropriate,the unit crime in the individual should distinguish between the principal and other practical problems were analyzed.