Research On The Problem Of Unit Crime Imputation

With the rapid development of economy and society,more requirements for the function of criminal law,and criminal law,which leads to a tendency of functionalism of it.Consequently,in the process of social governance,more emphasis is placed on the role of criminal law.At the same time,the flexible development of society has spawned new behavior types of crime.In order to protect the independent and flexible operation of the unit and strengthen the vitality of the it,the judicial authority is beginning to advocate the compliance of its operation.As a result,the issue of criminal compliance has been one of the most popular topics in recent years.However,facing the circumstance above,we have to reflect on the value of the criminal compliance system in criminal substantive law.How can we apply criminal compliance to criminal law of our country? This paper is divided into four parts.In this paper,the first part integrates the current situation of unit crime imputation from the two aspects of the unit crime imputation path and the unit crime regulation scope.Based on the theory of the unity of subject and objective,the behavior nature of unit crime can be determined from the two aspects,unit criminal behavior and unit criminal intent.On this issue,based on the traditional criminal law theory,the behavior of the natural person in the unit is confused with the intention,which leads to the emergence of the unit crime as a reason for the natural person to evade punishment in judicial practice,or to replace the unit to undertake criminal responsibility.The subject of criminal responsibility has not been effectively determined.Moreover,there is a conflict between expansion and contraction in the regulatory scope of unit crime.On one hand,in terms of legislation,the amendments to the Criminal Law over the years have continuously expanded the scope of crimes that can be constituted by units.On the other hand,various legislative interpretations and working meeting minutes have restricted unit crime.The second part,based on the first part,explores the reasons for the problems in the first part.They have this has a certain relationship with the principle of the same view adopted by our country’s criminal law on the issue of unit crime responsibility.Therefore,in this part,the relevant theory of unit crime imputation is introduced.The criminal law of our country can no longer use individual responsibility as the theoretical basis for the imputation of unit crime,and the comprehensive imputation theory combining the unit culture theory and the unit response responsibility theory under the organizational model should be used as the theoretical basis for the unit crime imputation.There are two reasons: first,the evolution and development of the theory of unit personality;second,gradual decentralization in the management process.In the third part,under the comprehensive imputation theory advocated in the second part,it solves the problem of the behavior and intention of the unit crime proposed in the first part.First,in the identification of unit criminal behavior,the organizational model is the basic principle,and the individual responsibility is an exception.Unit criminal acts can only be committed by the unit itself,and if the unit can carry out the relevant civil and commercial law acts or administrative law acts,it can be affirmed as a unit act in the criminal law.This is a conclusion based on the unity of the legal order.However,in the exception of sole proprietorship enterprises and partnership enterprises,acts of natural persons are regarded as acts of units.Furthermore,when a unit constitutes a crime,it must subjectively have the intention of committing a crime.There is both an intentional crime by the unit and a negligent crime by the unit.The judgment of the unit’s culture,and comprehensive consideration should be given based on factors such as the unit’s past behavioral responses or the unit’s management that has already been formed.In the judgment of the unit’s crime of negligence,if the unit does not pay enough attention to the violations that have occurred,formulate corresponding response policies,and fulfill the obligation to avoid the corresponding results,then it can be determined that the unit is at fault.In the fourth part,it is unreasonable to have only a positive path of attribution and not set up reasons to prevent or punish units for committing crimes.Therefore,criminal compliance is proposed as the reason for the violation of the crime by the unit or the reason for the unit to prevent it.Firstly,it discusses the jurisprudence basis of criminal compliance,including the research method of legal dogmatics of criminal compliance,as well as the basis of criminal compliance playing the characteristics of criminal law functionalism and the corresponding rationalization of punishment.At the same time,it is proposed that criminal compliance should be considered from three aspects:expanding the scope of unit crime,determining the legal punishment of criminal compliance,and preventing criminal compliance.