Handling of the Behavior of a Pure Crime by a Natural Person Committed by a Unit——Thinking Based on the Nature of the Subject of Crime Committed by a Unit
Handling of the Behavior of a Pure Crime by a Natural Person Committed by a Unit——Thinking Based on the Nature of the Subject of Crime Committed by a Unit
There are different views on the handling of the behavior of a pure crime by a natural person committed by a unit both theoretically and practically.Based on formal rationality and substantive rationality,there may be different conclusions about the handling of this behavior.Formal rationality emphasizes the adherence to the legality of punishment and the doctrine of a legally prescribed punishment for a specified crime,while substantive rationality emphasizes the implementation of the rationality of punishment and the principle of the protection of legal interests.The controversial focus of these views lies in whether or not the members of the unit who implement the unit's behavior can bypass the unit and directly bear criminal responsibility for the unit's behavior.Therefore,it is necessary to distinguish the nature of the subject of the crimes committed by a unit.There are various viewpoints on this issue theoretically.The subject of the crimes committed by a unit is the unit,and its members are components of the unit.Unit's members have attributes of both natural person and unit's members.Only when a natural person performs an act for the benefit of the unit and based on its membership can the act and its consequences be attributed to the unit.The distinction between attributes of natural person and those of unit's member should be made from both subjective and objective aspects.When a person uses a unit to commit an act of a pure crime by a natural person and based on the nature of a natural person,he or she should be directly investigated for criminal responsibility according to the indirect principal offender theory,and the unit should not bear criminal responsibility.When someone commits an act of a pure crime by a natural person pure for the benefit of the unit and based on the attribute of the unit's member,the unit and its members cannot be held criminally responsible.
关键词
单位犯罪/形式理性/实质理性/主体性质/自然人属性/单位成员属性
Key words
crimes committed by a unit/formal rationality/substantial rationality/nature of the subject/attribute of natural person/attribute of unit's member
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