Research On The Criminal Responsibility Of Units To Implement Pure Natural Person Crime

Pure natural person crime refers to a crime that can only be constituted by natural persons in accordance with the law and cannot be constituted by units.There are still great controversies in the academic community regarding the implementation of pure natural human crimes by the unit,despite relevant judicial interpretations.For the implementation of pure natural person crimes in the unit,the legislative interpretation introduced in 2014 stipulates that the criminal responsibility of the unit's supervisors and their directly responsible personnel is directly investigated,but there are still three arguments in the theory of negative theory,affirmation theory and compromise theory..Whether the unit commits a unit crime or the unit implements a pure natural person crime,the sole basis for the unit member to bear criminal responsibility is its behavior as a natural person,that is,as long as the natural person's behavior constitutes a crime,the perpetrator will bear criminal responsibility independently,and whether the criminal law is It is stipulated that the punishment unit has nothing to do,which is also in line with the principle of guilt.There are two criteria for distinguishing crimes involving natural persons in unit crimes: the standard of will and the criteria for the requirements,that is,whether the unit's individual manifests the individual's will in the unit crime,and whether the behavior of the actor is in conformity with the constituent elements of the natural person's crime;If necessary,it can be improved through legislation,and the criminal liability of unit crimes can be investigated.