| Unit crime is a new type of crime that emerges with the diversification of market subjects in the development of market economy.Exploring and establishing effective unit crime governance strategies is an important content of criminal law theoretical research.The study of unit criminal responsibility can be divided into two aspects: unit liability fixation and unit penalty.At the level of liability attribution,China often adopts the natural path of "natural person unit" to identify the criminal responsibility of a unit,resulting in the neglect of the main status of the unit and confusion between the status of the unit and that of the natural person.At the penalty level,the effect pursued by punishment is to prevent crime,while under the dual penalty system,imposing a fine on a unit cannot eliminate the "crime factor" within the unit.Criminal compliance,as a new means of managing unit crime,is a good medicine to solve the above problems.Criminal compliance establishes a model in which unit and individual responsibilities are separated,and serves as a means of criminal sanctions to stimulate unit self-restraint and self management.Combining extraterritorial experience and from a national perspective,the criminal compliance system can affect the criminal responsibility of unit crimes in China as a deterrent and a sentencing incentive.Specifically,at the level of liability attribution,first of all,the theory of organizational criminal responsibility is recognized,treating the unit as an independent subject.The criminal compliance plan is an important basis for judging the behavior and will of the unit.At the penalty level,the compliance plan should play a role in preventing unit crime.As an incentive for discretionary sentencing,it should encourage units to establish an effective compliance system,and promote the operation of the unit’s compliance system through the provision of special recidivism,probation,and qualified punishment. |
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