On The Judgment Standard Of Unit's Criminal Will

Unit will is the core of determining unit crime.Since the unit is a special criminal subject different from natural persons,its criminal will is naturally different from that of natural persons.First of all,once the unit criminal will is formed,it is separated from the individual members of the unit.It is no longer a simple summation of the subjective ideas of a certain department or some people,but has risen to the height of the entire unit.Integration,and therefore holistic;secondly,such a unit of unit crime will have to go through the decision-making procedures stipulated by laws,regulations or company rules and regulations,so unit crime will also have a specific procedural nature;finally,unit crime The formation and realization of the will are inseparable from the specific behavior of internal members,that is,it has double dependence.In order to accurately distinguish between the unit's will to commit crime and the natural person's will to commit crime,scholars have different opinions,and mainly put forward their own theories based on the four standards of "in the name of the unit","for the interests of the unit",decision-making mechanism standards,and illegal income attributed to the unit standard.,Of which there are single theory and comprehensive theory.Many doctrines put too much emphasis on the name of the unit,the identity of the performer and the subjective psychology and the attribution of the illegal gains,but only saw the usual appearance of the unit's criminal will,but did not grasp its essential law-that is,all unit criminal will rely on Its decision-making mechanism.After the unit's will to commit crime,the natural person as the executor of the decision is subjectively for the interests of the unit,or for the benefit of himself,others,or other units,whether his behavior is in the name of the unit,and whether the ultimate proceeds of crime are handed over to the unit or himself Eating privately,or transferring it to others,cannot change the nature of unit crime.The doctrine that "in the name of a unit" or illegal income is attributed to a unit as an element fails to capture the point of unit crime,making it difficult to distinguish unit crime from natural person crime.In contrast,the "decision-making mechanism + theory for the benefit of the unit" can better solve the judgment problem of the unit's criminal will.The theory advocates that when judging whether a unit's criminal will exists,it should be based on whether the behavior conforms to the unit's decision-making mechanism,and at the same time,whether the behavior is implemented for the benefit of the unit.Its superiority is mainly reflected in two aspects: on the one hand,the theory is supported by the unit's overall responsibility theory,and the decision-making mechanism is regarded as the core of judging the unit's criminal will,focusing on the unit itself rather than individual members;on the other hand,based on the unit The particularity of the subject,the individual interests of the members of the unit are not completely consistent with the overall interests of the unit,and even there is a conflict.The factor of "for the interests of the unit" is included in the decision-making mechanism,so that the individual will and the unit will be more accurately distinguished.To avoid theunit becoming a "scapegoat" for individual crime.According to different governance mechanisms,the unit crime subjects in our country can be divided into for-profit organizations,non-profit social organizations,state-owned organs,and state-owned institutions.Different governance mechanisms mean different decision-making bodies,which should be clarified,which can determine the focus of the practice in judging the unit's criminal will,solve the operability problem of “decision-making mechanism+ theory for the benefit of the unit”,and thus guarantee the quality of handling cases,Improve the efficiency of handling cases.