Research On The Identification Of "Other Directly Responsible Persons" In Unit Crimes

For a long time,there are a lot of treatises on unit crime in the law circle of our country.But it mainly focuses on the theoretical basis of the scope of criminal subject and the criminal responsibility of natural person,the identification to other direct responsibility personnel in unit crime is less discussed and the discussion is not in-depth.(For fluency,the term "other direct responsibility personnel" in this article is limited to unit crime,different from "direct responsible person" in natural person crime.)On the identification of other direct responsibility personnel,the legislative level lacks specific comprehensive provisions,and the understanding of the standard of judicial practice is not the same.The author will combine criminal law theory and judicial practice,cut in from environmental crime,on the other persons directly responsible problem analysis,in order to benefit the research,and prevention of unit crime.The full text is divided into three parts.The first part mainly discusses the basic problem of criminal responsibility of other direct responsibility personnel.Including the basic connotations,concepts and characteristics;Status in unit crime;The legislation and judicial status of our country and so on.The author thinks that,other directly responsible personnel refers to the internal members of the unit,who are the person in charge directly responsible for outside,actively participate in the implementation of the unit crime,or has obvious mistakes in business,play an important role in unit crime.Because they are not decision makers,do not participate in the crime of unit crime,only participate in the implementation of criminal behavior,so they are in the position of being led and commanded.The second part mainly discusses the theoretical basis of other direct responsibility personnel to bear criminal responsibility.The author thinks that,we should analyze the basis of criminal liability of the members of the unit,first.Directly responsible person has independent will ability and behavior ability,has direct responsibility to the unit crime,which decide that they should and can undertake criminal responsibility.And it is the need for punishment and crime prevention.The same,they aye also the basis for other direct responsibility personnel to assume criminal responsibility.But,implement leadership instructions for pressure having to do,because there is no looking forward to may,so usually not as other persons directly responsible to bear criminal responsibility.The third part mainly discusses the determination conditions of other direct responsibility personnel.Mainly including main elements,subjective aspects,behavioral elements and results.On the aspect of the main,what mainly discussed,are the scope of other direct responsibility personnel.The author thinks that,what other direct responsibility personnel carry out is the unit will,which is governed by the will of the unit,so they are should be the member of the unit.Whether belong to an internal member should be based on whether to establish labor relationship.Because they do not have decision-making power,usually performance as a unit general staff.On the aspect of subjective,the main discussions are the criminal form of "other direct responsibility personnel".The author thinks that,unit crime including intentional crime and criminal negligence,the faults of the unit must be due to the fault of the unit members,so the form of the crime includes both intentional and negligent to other directly responsible personnel,but it should be combined with each crime to identify.Presuming that "knowing" the act is illegal,it can be judged from the background of the actor,the performance of objective behavior,the standard of unit management,the general knowledge of normal people.The violation of law is not limited to criminal acts,but it is a violation of administrative law.On the aspect of behavior,we mainly discuss how to determine the behavior of other direct responsible persons in intentional crime."Active participation" manifests the pursuit or laissez-faire mentality of the possible result of harm.Participation in implementation includes both positive and negative.The implementation is the unit will,otherwise it is the individual behavior,cannot put in the unit crime to evaluate.The discharge of post duties usually has no understanding to the criminal behavior,no pursuit to the harm consequences,subjective malignancy and minor role,so usually not to be considered as other direct responsibility personnel.On the aspect of objective,it is necessary for other direct responsibility personnel to play an "important role" in the realization of unit crime.The important role is manifested in two forms,one is participating in the implementation of the key behavior to the unit crime,one is the implementation of the behavior which has a direct causality relationship with the result.