Research On Other Directly Responsible Persons In Unit Crime

For a long time,there have been many discussions on unit crimes in our criminal law circle,but most of them discuss the overall criminal liability of the unit from the perspective of "the unit",and then find the basis for the members of the unit to bear the criminal responsibility from the basis of the unit to bear the criminal responsibility.Therefore,it is easy to treat the members of the unit as the constituent elements or parts of the unit to share the overall criminal liability of the unit.Compared with the "directly responsible person in charge","other directly responsible person" has no obvious subjective offense,but is the perpetrator of unit crime,and has a special position in unit crime.In judicial practice,there is often objective attribution of crime,ignoring the subjective crime of the perpetrator,not only the identification standards of other persons directly responsible for different types of unit crimes are inconsistent,but also the court’s identification results under the same type of similar facts are quite different.From the perspective of natural person crime,this paper holds that the identity of unit member will not cause the doer to lose free will,and "performing duties or for the benefit of the company" can not be exempted from liability.The criminal responsibility of "other directly responsible persons" is still a kind of natural person’s criminal responsibility in essence,but the scope of the criminal subject is limited.The identification of "other directly responsible persons" should adhere to the principle of the unity of subjective and objective,on the basis of conforming to the constitution of pure natural person crime,and then exclude directly responsible persons in charge and general participants from the perspective of identity,responsibility and role.Apart from the introduction,this paper is divided into four parts:The first part mainly discusses the basic problems of other directly responsible personnel.Including other directly responsible personnel concept,characteristics and unit crime relationship.This paper holds that other directly responsible personnel refer to the members of the unit who,except the directly responsible personnel in charge,actively participate in the unit crime or play a significant role in the result of the unit crime due to obvious negligence.Other persons directly responsible for the crime are special natural persons under the unit crime system and have independent subject status of crime.Other persons with direct responsibility cannot exist apart from unit crime,not because their criminal responsibility comes from unit criminal responsibility,but because the state limits their penalty scope based on the characteristics of unit crime and the consideration of criminal policy.The second part mainly discusses the judicial status of other directly responsible persons.Including the existing judicial interpretation of the provisions of other directly responsible personnel are confused,unable to provide clear guidance for judicial practice.In effective precedents,the courts have different standards for determining other persons directly responsible,and objective attribution exists.A study on the judicial status of other personnel with direct responsibility is helpful to launch a unified judicial interpretation as soon as possible and make clear the judicial standards of other personnel with direct responsibility.The third part mainly discusses the basis of criminal liability of other directly responsible persons.Including theoretical basis and criminal policy basis.The identity of a unit member does not cause a natural person to lose his or her independent will.Other persons directly responsible can realize the content,social significance and harmful results of their acts,and can control whether they carry out or not carry out acts prohibited by law,and have the ability to bear criminal responsibility.Other directly responsible personnel under the dual will of the criminal behavior,first of all is individual behavior,to meet the specific conditions can be elevated to unit behavior.Punishing other directly responsible persons can realize the purpose of attacking and preventing crimes.Limiting the scope of identification of other directly responsible persons is based on the consideration of the principle of modesty and restraint of criminal law.The fourth part mainly discusses the identification of other directly responsible personnel.It mainly discusses from three aspects: subject,objective and subjective.In the main requirements,other directly responsible personnel must be within the unit.Whether the unit is internal personnel should be combined with the specific circumstances of the case to make a substantive judgment.Among the subjective requirements,the other directly responsible persons must have intentional or obvious negligence for the unit crime.The judgment of intention should take into account the professional background,professional experience,post responsibility,criminal purpose,criminal reason and other circumstances.Among the objective conditions,the behavior of other directly responsible personnel must play an important role in the result of unit crime.The judgment of important role can adopt the exclusion method,combining behavior,responsibility and causality to exclude the general participants who play a minor role in the outcome of the unit crime.