The Practical Interpretation of the Inherent Criminal Responsibility of the Unit and the Reconstruction of the Theory of Unit Member Crime
The punishment of natural person member's crime limits the leniency of the unit's guilty plea,exposing the current situation of the bundled litigation between the unit and the member.The existing unit crime and member responsibility are correct in the general direction of separation of litigation,but the acceptance degree of practice is not high,the application transformation is insufficient.The identification of unit crime should not be based on the responsibility of members,but on the interpretation of the inherent criminal responsibility of the unit according to the logic of general crime constitution theory.The inherent criminal behavior of the unit includes decision-making behavior and organizational behavior,and the will of the unit crime is copied from the thinking decision of members.At the same time,for the members participating in the formation of the unit will to commit crime and supervision dereliction of duty,can be dealt with together with the unit crime;the responsibility to convey and execute the will of the unit belongs to the individual and should be separated from the unit crime.On this basis,the following three questions should be answered:how to evaluate the unit crime when the member's crime cannot be confirmed;in the member does not admit guilt to accept punishment can be lenient to the unit;how to use the leniency system of guilty plea to save the unit involved in crime and its members.
theory of unit crimeseparation of litigationlegal system of leniency for confession and ready for punishmentinherent criminal responsibility of the unit
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