| The relationship between unit crime and natural person crime is unclear and the boundary is unclear,and it is necessary to comprehensively examine the relationship between the two,and clarify the relationship between the two on the basis of determining the boundary,so as to realize the value and function of criminal law.Unit crime arises in the dispute between the subject of unitary crime and the subject of dual crime,and the common law system,civil law system and China’s unit crime system have gradually improved and matured.Examining the judicial status of the two,it is found that the proportion of unit crimes among crimes undermining the order of the socialist market economy shows an average annual growth trend,and the distinguishing standards between the two are not clear in judicial practice,and compared with the punishment of natural person crimes,unit crimes show the characteristics of lighter sentences.There are various views on distinguishing between unit crimes and natural person crimes,and there are single theories such as "in the name of the unit","where the illegal gains go","for the interests of the unit","the business scope of the unit",and "the will of the unit",as well as comprehensive theory,but these single theories can only be used as one of the elements for determining unit crimes,and in judicial practice,the definition of cases of unit crimes is biased towards the comprehensive theory,but there is no clear standard for the comprehensive theory.Combined with the study of relevant judicial cases of unit crimes,the theory of "unit will + for the interests of the unit" should be taken as the standard for distinguishing unit crimes from natural person crimes,and the core of unit crimes lies in the will of the unit,so that the nature of behavior rises to the unit level,and at the same time,the expansion of unit interests is interpreted as the long-term interests of unit development and the overall interests of unit members’ will,so as to more accurately and uniformly identify unit crime cases.As far as the correlation between the two is concerned,in the case where the unit and the natural person constitute accomplices,the determination of the crime needs to clarify the volitional subject in the crime,clarify the role of the unit and the natural person in the joint crime,and in the determination of punishment,distinguish the main and subordinate of the unit and the natural person according to the status and primary and secondary roles of the unit and the natural person in the joint crime,and distinguish the master and slave issues of the directly responsible personnel within the unit.The establishment of the unit recidivism system can only be determined from the standard of recidivism of natural persons,and the main body of recidivism of the unit must be the same criminal unit,and the subjective mentality of the two crimes before and after is criminal intent,and the punishment of the unit fine and the directly responsible personnel of the unit should become one of the punishment conditions for the unit recidivism.In recent years,the introduction of corporate criminal compliance system has also brought new problems to academic research and judicial practice,starting from the relationship between corporate compliance system and corporate criminal liability and the interaction with criminal law,making overall improvements while introducing the compliance non-prosecution system can be regarded as a cause of crime for the unit,but cannot be a means for the directly responsible personnel within the unit to evade criminal punishment.As far as the coordination of punishments between the two is concerned,in the penal system of unit crimes and natural person crimes,the two are still in a situation of uncertain position and poor system,and the situation of partial unity and partial difference under the double punishment system also needs to be redetermined.When there are differences in subjective malignancy and ownership of benefits,the difference in punishment has its own reasonableness.At the same time,it faces up to the drawbacks of the substitute punishment system and the pass-through system,thus linking up a systematic and coherent penal system. |
