According to my country’s traditional criminal law theory，When crimes are committed in the workplace，In principle, the bet365 promo codes itself and its members (directly responsible supervisors and other responsible personnel) should be punished，Only punish bet365 promo codes members in exceptional circumstances。In other words，Double punishment system is a basic principle in bet365 promo codes crimes。Most scholars believe，The double penalty system means that bet365 promo codes crimes actually include two criminal subjects: the bet365 promo codes itself and the bet365 promo codes members。However，Because the criminal behavior of the two subjects is wrapped up in the constituent elements of an overall bet365 promo codes crime，Making the criminal liability of the bet365 promo codes and bet365 promo codes members mutually dependent on each other，Mutual prerequisite。Then causing，The bet365 promo codes crime system is not only difficult to fulfill its original function of regulating bet365 promo codes behavior，And it becomes a constraint that hinders the identification of criminal liability of bet365 promo codes members。For this，It is necessary to reflect on the internal mechanism of the double penalty system，Under the premise of clarifying the occurrence and prevention mechanism of bet365 promo codes crimes，Deconstructing the double penalty system，The path to determine the criminal liability of separate units and bet365 promo codes members。

　　Double penalty system and its practice

In the context of double penalty system，The pattern of conviction and sentencing of units and their members is different from that of ordinary natural persons。But，This special situation will only cause unfair determination of the criminal liability of the relevant subjects，Violates the original legislative intention of bet365 promo codes crime。

On the one hand，On the conviction and sentencing of bet365 promo codes members，Too much emphasis on the subsidiary nature of his behavior，Ignores the independence of its behavior。Conviction level，The crime committed by the members of the bet365 promo codes must be based on the crime committed by the bet365 promo codes，Natural persons involved in bet365 promo codes crimes that are not expressly stipulated in the punishment law are considered to violate the principle of statutory crime and punishment。On sentencing，The punishment for bet365 promo codes members is lighter than that for ordinary natural persons。The reason is，The essence of member responsibility is that members are the constituent elements of the bet365 promo codes，The punishment of members should be based on their role in the bet365 promo codes’s crime to share the overall responsibility of the bet365 promo codes。Since it is responsibility sharing，The punishment is naturally lighter than that of ordinary people under the same circumstances。However，This theoretical tendency will cause natural persons to escape responsibility in the name of bet365 promo codes crimes。Besides，From a logical reasoning perspective，The Criminal Law expressly stipulates that "when a bet365 promo codes commits a punishable crime, the bet365 promo codes and bet365 promo codes members shall be punished" does not necessarily deduce that "the punishment of bet365 promo codes members must be based on the bet365 promo codes's crime"。More importantly，bet365 promo codes members themselves can have their actions independently evaluated by criminal law based on their own free will。Also，From the perspective of the history of bet365 promo codes crime legislation，Punishment of those directly responsible does not need to be based on a crime committed by the bet365 promo codes from the beginning。Similarly，The severity of punishment for bet365 promo codes members should depend on the severity of their own crimes、Degree of reprehensibility and necessity for special precautions，The size of the punishment should not simply be attributed to the sharing of bet365 promo codes responsibilities。

On the other hand，On the conviction and sentencing of the bet365 promo codes itself，Too much tied to member behavior，Ignore the characteristics of the enterprise itself。According to the relevant judicial interpretations of our country，Acts determined by the collective decision of the bet365 promo codes or the decision of the person in charge，Regarded as bet365 promo codes behavior。As for other elements that reflect the bet365 promo codes’s attitude towards complying with laws and regulations，For example，Internal hierarchical structure of the bet365 promo codes、Goal setting、Supervision system、Employee training mechanism, etc.，Not received enough attention。In this way，Putting blame on the bet365 promo codes for actions committed by bet365 promo codes members that the bet365 promo codes wants or tries to avoid，It will only cause different units to be treated equally。Both in terms of conviction and sentencing，This result is unfair。Unjust results make it difficult for potential bet365 promo codes defendants to better predict and plan their future，It is also not conducive to promoting units to voluntarily comply with the law。

　　Intrinsic mechanism of double penalty system

Traditional criminal law theory believes that in principle, bet365 promo codes crimes in our country implement a double punishment system，The reasons behind it are complex and diverse。

First，The provisions of criminal law on bet365 promo codes crimes are ambiguous。The interpretation of the double penalty system，Mainly based on the fact that Article 31 of my country’s Criminal Law and the various clauses on bet365 promo codes crimes in the sub-provisions are similar to “bet365 promo codes crimes，Impose a fine to the bet365 promo codes，And impose penalties on the persons directly in charge and other persons directly responsible”。Actually，A model that stipulates the criminal liability of bet365 promo codes members at the same time when a bet365 promo codes commits a crime，The earliest date can be traced back to the Supreme Court in 1985、The "single penalty system" in Article 3 of the Supreme People's Procuratorate's "Answers to Several Issues Concerning the Specific Application of Laws in the Current Handling of Economic Crime Cases"，That is, when a bet365 promo codes commits a crime, only natural persons are punished。Although this provision is questionable in terms of the principle of responsibility for the crime，But since the 1979 Criminal Law does not provide for bet365 promo codes criminal liability，The "single penalty system" in the above explanation is used as a stopgap measure，It can avoid the accusation of judicial interference in legislation，Can also condemn the bet365 promo codes under criminal law。However, in today’s criminal law, bet365 promo codes criminal liability has been recognized，It seems to have no meaning in determining the criminal liability of bet365 promo codes members in bet365 promo codes crimes。

Next，Mechanical interpretation of bet365 promo codes crime in academic terms。In order to provide a "reasonable" interpretation of our country's bet365 promo codes crime regulations，Scholars mostly start from the naturalistic approach to the mechanism of bet365 promo codes crime，Understand bet365 promo codes members as bet365 promo codes components，And bet365 promo codes crimes are committed by bet365 promo codes members。Among them，Personalized System Responsibility Theory，Legal persons have independent personalities，Have own criminal ability and criminal responsibility ability，However, legal person crimes are realized through the conscious activities of natural persons within the system，Thus, members of the legal person who play an important role and bear significant responsibility in the overall crime of the legal person，Should also bear criminal responsibility。In legal person crimes，Actually a crime，Two criminal subjects。But，This understanding is not consistent with the scope of bet365 promo codes criminal subjects defined in Article 30 of my country’s Criminal Law，And it is also inconsistent with the basic theory of criminal law，After all, in a situation that constitutes a crime，There can only be one criminal subject。

Furthermore，Conceptually, we have not gotten rid of the idea that legal persons have no criminal capacity。The traditional theory that holds the view of "two criminal subjects" superficially recognizes the bet365 promo codes's criminal ability，But we still can’t get rid of the understanding of bet365 promo codes crimes as caused by the actions of units and natural persons，It is essentially a reconciliation of the concept of the bet365 promo codes's incapacity to commit crimes and the objective need to control the bet365 promo codes's crime。Looking at it from another perspective，This approach is the projection of the modern concept of individual responsibility of natural persons into bet365 promo codes crimes。But because of too much attention to the flesh-and-blood people in the bet365 promo codes、Natural person who can morally condemn，This theory ignores the bet365 promo codes as a subsystem in the social system，It has its own operating mode that is independent of natural persons。When there are flaws in the bet365 promo codes’s entire system and its behavior patterns that lead to members breaking the law and committing crimes，Only the defective system within the bet365 promo codes can be blamed for the infringement of legal interests，Only can we push the bet365 promo codes to improve the system。If it is difficult to truly clarify the above-mentioned mechanism of bet365 promo codes crime，It is naturally difficult to effectively deal with bet365 promo codes crimes。

　　Reinterpret normative elements

The research object of legal doctrine itself is imagination、Discretionary object of tailoring and selection。This kind of discretion should be based on the needs of the law。The conclusion of the double penalty system is based on the wrong tailoring of the criminal law、Based on factors such as bet365 promo codes behavior，This leads to theoretical confusion in criminal law，And the bet365 promo codes crime system operates in a counter-functional manner。That’s why，The key to deconstructing the double penalty system lies in normative reinterpretation of these elements。

First，Standard understanding of units。The reason why traditional criminal law theory excessively bundles bet365 promo codes crimes with the behavior of bet365 promo codes members is that natural persons are understood as components of the bet365 promo codes，Ignores the overall characteristics of a bet365 promo codes as an organization that is independent of its members。Some scholars even proposed to understand enterprises in criminal law differently from enterprises in civil law。In civil law, only enterprises bear independent responsibility for their own actions。But since the criminal law recognizes that entities and natural persons also have the ability to commit crimes，Then，The independent status of units in criminal law should also be recognized。bet365 promo codes Criminal Doctrine，The important issue is not whether and how to punish bet365 promo codes members who commit illegal infringements，But when members of the bet365 promo codes cause infringement of legal interests，How to assign responsibility to a bet365 promo codes with independent personality，In turn, it may improve the overall characteristics of the bet365 promo codes、Encourage the occurrence of violations of legal interests and effectively control them。

Second，Normal understanding of bet365 promo codes behavior。In bet365 promo codes crime，The will and behavior of the bet365 promo codes are always realized through the will and behavior of the natural person，Even at the level of bet365 promo codes culture or management structure construction，It also needs to be gradually formed with the help of specific behaviors of managers。But this does not necessarily mean that member behavior must be regarded as part of the bet365 promo codes’s behavior。For example，Indirectly guilty、Supervision (management) negligence situations，There are also other people’s behaviors as intermediaries。The behavior of a bet365 promo codes must reflect the independent personality of the bet365 promo codes with a subjective status。The behavior of bet365 promo codes members can only be used as one of the many considerations in judging bet365 promo codes behavior。In intentional circumstances，In addition to considering the representative organization of the bet365 promo codes、Except for the will shown by the collective decision of all members，We must also consider the organizational goals of the bet365 promo codes、Procedure、Supervision mechanism、Cultural atmosphere and other factors that reflect the bet365 promo codes’s personality。The essence of bet365 promo codes fault lies in a kind of prior organizational fault，That is, the bet365 promo codes did not take reasonable preventive measures against legal interest infringement。As for the behavior of bet365 promo codes members，Although it is for the bet365 promo codes，But it will not lose the essence of his personal behavior。What they bear is not identity responsibility，But behavioral responsibility，It’s your own decision、Approved、Instruction、Condolence、Command、Responsible for the direct commission of a crime。Should the punishment of bet365 promo codes members be lenient，Need to consider the condemnability of his behavior，Of course, it also includes the internal hierarchical structure of the bet365 promo codes and other factors that will affect the motivation of members to resist the illegal orders of the bet365 promo codes。

　Third，Reinterpretation of bet365 promo codes crime clauses。Traditional "a crime，The bet365 promo codes crime concept of “two subjects” is actually a criminological interpretation plan。Because from a genetic perspective，bet365 promo codes crime situations，Situations that are indeed accompanied by bet365 promo codes members committing crimes。In terms of criminal law regulations，According to the crime theory that "a crime consists of only one subject"，Can only commit crimes against "units，Impose a fine to the bet365 promo codes，And impose penalties on the persons directly in charge and other persons directly responsible." The two "units" before and after such provisions have different understandings。The former "bet365 promo codes" should be understood from the perspective of empirical facts as including bet365 promo codes organizations and bet365 promo codes members with subjective status，The latter "bet365 promo codes" is a bet365 promo codes with a subjective status that commits criminal acts and bears criminal responsibility in the sense of criminal law。In other words，Such provisions actually include two criminal components in the sense of criminal law。

In short，Although the concept of "double punishment system for bet365 promo codes crimes in our country" stems from the ambiguity of criminal law，But look at it dialectically，This ambiguity also gives interpreters the possibility to flexibly interpret bet365 promo codes crimes in the face of changes in bet365 promo codes organizational forms。From a pragmatic perspective，It is indeed simple and easy to determine the criminal liability of a bet365 promo codes based only on the behavior of its members，It also plays a role in intimidating units to commit crimes to a certain extent。But，With the self-evolution of units, especially corporate organizations in modern society，The separation of organizational personality and natural person personality，The investigation of bet365 promo codes criminal liability should also get rid of the traditional natural person individual responsibility doctrine，Turn to focus on the bet365 promo codes’s own fault。Although from the perspective of criminal law consequences，The bet365 promo codes’s criminal liability will only be investigated based on the bet365 promo codes’s own fault，Will greatly reduce the scope of bet365 promo codes penalties，But，This kind of punishment is well-targeted。Opposite，It is neither fair nor unfair in the punishment bet365 promo codes，When it is difficult to achieve the regulatory effect，There is no need to initiate punishment。

　(Author’s Affiliation: Wang Jian Law School of Suzhou University)