The Establishment of the Imputation Model of Unit Crime and the Promotion of the Theory of Obligation Violation
The"double non-prosecution"approach in the reform of criminal compliance lacks justification in substantive law,and there is an urgent need to re-examine the system of unit crime.Based on the analytical framework of"existence-function-norm,"this justification for the obligation of the substantive obligation of unit crime is supported from three aspects:"who is the perpetrator of unit crime,""what kind of unit crime do we need,"and"how should unit crime in norms be interpreted and constructed."Although a unit is not a biological entity like a natural person,it is indeed a personal entity.Taking the violation of obligations as the core of criminal liability for unit crime helps in identifying the behavior and culpability of the unit,achieving the purpose of prevention,and strengthening the arguments for substantive obligation.At the same time,constructing the obligation system borne by the unit from both vertical and horizontal aspects can not only explain the basis of the unit's obligation,but also clarify the scope and basis of obligation of unit members.In addition,the attribution model should adopt a dual approach of organizational ontology and analogy to employees,with the principle of double punishment and the exception of single punishment.Criminal compliance serves as a condition for the establishment of a crime and a sentencing circumstance.
Unit CrimeBasis of LiabilitySubstantive LiabilityAttribution ModelObligation Violation
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