On the Separation of Criminal Responsibility Between Enterprises and Their Members
At present,driven by the upsurge of criminal compliance,the separation of criminal responsibility between enterprises and their members has become one of the goals of the development of the theory of unit crimes.In order to realize the separation of criminal liability between enterprises and their members,the relevant basis can be found from three aspects.The theory of independent will of enterprises is the theoretical basis of the separation of criminal responsibility.Relevant documents provide a certain standard basis for the separation of criminal responsibility.The social balance of advantages and disadvantages is the actual basis of the separation of criminal responsibility.The basis of criminal liability of enterprises should gradually change from the business behavior of enterprise members to the direction of organizational management defects of enterprises.Therefore,the theory of criminal responsibility of unit crimes based on the operation management of the unit to identify the criminal responsibility of enterprises should be adopted.In order to realize the independence of criminal responsibility of enterprises,it should first be ensured that an enterprise has the ability of independent will and that of independent behavior.As far as the judgment whether an enterprise has the ability of independent will is concerned,it should be based on the establishment of the compliance system of the enterprise.As far as the judgment whether an enterprise has the ability of independent behavior is concerned,it should be based on the operation status of the compliance system of enterprises.
unit crimeenterprisesmembers of enterprisescompliance planorganizational management defects
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维普
