Study On The Matching Of Unit Crime And Responsibility In China

Up to now,more than 20 years have passed since the unit crime was convicted,and the research on unit crime has become a great idea,but few studies have been done on the matching of unit behavior and responsibility.The current general provisions of criminal law stipulate that the unit shall adopt double penalty system,which not only punish the unit,but also punish the directly responsible person in charge of the unit and other persons directly responsible for the crime.The particularity of the responsibility of the unit crime makes it necessary to analyze the unit crime,and the relationship between the unit criminal responsibility and the unit crime should also be studied.Company is the main body of unit crime,corporate crime is the most representative of unit crime.Therefore,the author from the theory and the reality From the point of view of corporate criminal behavior,this paper discusses the matching of unit criminal act and unit criminal responsibility.In the first chapter of this paper,the author analyzes the corporate behavior,and thinks that the corporate behavior is based on the material basis and the power basis,and classifies the corporate behavior into legal business behavior and illegal act,external act and internal behavior.The external activities of the company depend on the action of the natural person,and the internal structure of the company has its own organizational structure.The formation of the corporate behavior is the performance of both inside and outside,and the direct performance is the external behavior of the person in charge of the execution.But in fact,the decision-making behavior of the decision-maker is attributed to the result of the company's behavior.The second chapter returns to the corporate crime.Criminal liability is based on criminal act,but corporate criminal act follows the path of corporate behavior,and it is a process from external behavior to internal behavior.Corporate crime can be perceived as the executive behavior of the direct actor,but it is the decision-making behavior of the company decision-making leader that causes the direct actor to commit the act.Finally,the result of the crime is borne by the company.The author thinks that the relationship between the decision-making actor and the direct actor is not an accomplice,so it is not suitable to divide the principal and subordinate offenders.The third chapter discusses the criminal liability of corporate crime.The main body of the criminal liability of the company is the company and the internal members of the company.The specific scope of the personnel involved in the crime can range from the chairman to the ordinary employees,and its scope of responsibility is not beyond this scope.The criminal law of our country divides the responsible person into two categories: the person in charge of direct responsibility and the other people who are directly responsible.How to identify these two kinds of persons in the main body of responsibility,the author advocates to identify them according to the decision-making behavior and the practice behavior,which corresponds to the former two ones one by one.As for the division of the responsibility of the responsible person,the author thinks that there should be some difference between the responsible persons at the same level and among the responsible persons at different levels,which reflects the adaptation of the crime and punishment.The fourth part mainly discusses the matching of the unit crime behavior and responsibility and the perfection of the unit crime legislation.According to the provisions of the unit crime,the consequence of a legal interest infringement is borne by three responsible subjects.Therefore,the author holds that the unit crime actually has two responsibilities sharing,the unit responsible person and the unit is the first time,the unit responsible person is the second time.For the first time,there are differences in the allocation of punishment for unit crime in criminal law.The penalty of fine is imposed on the unit and the criminal penalty of natural person is adopted for the person responsible for the unit.In the case of the natural person committing the same crime,the author makes a horizontal comparison between the unit responsible person and the natural person's penalty,and draws the conclusion that the two are in The standard of crime and the principle of penalty are different,;This paper analyzes the influence of unit fine on the free penalty of natural person and fine of natural person,and points out that after unit fine is imposed,it is reasonable to impose fine on unit responsible person,but it can be considered to treat different responsible person differently.After that,this paper examines the matching problem of the second share of responsibility among the unit responsible persons in the form of a case,and thinks that it should be treated differently according to their roles and behavioral roles.Finally,the author puts forward some suggestions for helping the improvement of the problems found in order to study the unit crime.