Chinese traditional criminal law theory believes，On the occasion of the unit crime，In principle, the unit itself and the members of the unit shall be punished (directly responsible for the supervisor and other responsible persons)，Only members of the unit are punished in the exception。In other words，Double punishment system in the unit crime is a basic principle。Most scholars think，Double penalty system means that the unit's crime actually contains two criminal subjects: the unit itself and the unit member。But，Due to the criminal behavior of the two subjects, it was wrapped in a overall unit of crime constituent components，Make the criminal responsibility of the two subjects of the unit and the unit rely on each other，A prerequisite for each other。Then cause，The unit's crime system is not only difficult to give play to the original function of its regulatory unit behavior，and become a constraint that hinders the identification of criminal liability for members of the unit。For this，It is necessary to reflect on the inherent mechanism of the dual penalty system，and under the premise of clarifying the occurrence of unit crimes and prevention mechanisms，Discuss the dual penalty system，Criminal responsibility identification path of separation units and members of the unit。

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Under the context of dual punishment，The conviction of the unit and its members presents a sample that is different from ordinary natural persons。but，This special state will only cause the relevant subject's criminal liability identification.，The original intention of violating the crime of unit crime。

One aspect，For the conviction of the unit members，Too much emphasis on the attributes of its behavior，Ignoring the independence of its behavior。Concerning level，Members of the unit establishment of crime must be based on the unit constitute a crime，Natural persons in the unity of the punishment law are considered to violate the legal principles of criminal punishment。In sentencing，The punishment of the unit members is Bet365 app download more gentle than that of ordinary natural people。The reason is，The essence of member responsibilities is that members are the constituent elements of the unit，The punishment for members shall share the overall responsibility of the unit in accordance with its role in unit crimes。Since it is the responsibility sharing，Punishment is naturally lighter than ordinary people。But，This theoretical tendency will cause natural persons to escape responsibility for the name of unit crime。As a result，From the perspective of logical reasoning，Criminal Law stipulated that "penalties for penalties should be punished for penalties and members of the unit" cannot be derived from "premise of unit crimes of punishment for penalties"。More importantly，The unit members themselves can be independently evaluated by the criminal law based on their own free will。Another，From the perspective of the history of the crime of unit，Punishment directly responsible persons do not need to be based on unit crimes。Similarly，The severity of the punishment for the members of the unit shall depend on the illegal size of its own crime、Can be condemned and special preventive necessity，Should not simply blame its punishment on the sharing of the responsibility of the unit。

On the other hand，In the conviction of the unit itself，Twoving with member behaviors too much，Ignoring the characteristics of the enterprise itself。According to the relevant judicial interpretation of my country，The behavior made by the unit's collective decision or the person in charge of the person in charge，It is considered a unit behavior。As for those elements that reflect the unit itself in compliance with the law and norms，For example，Internal level structure of the unit、Target settings、Regulatory system、employee training mechanism, etc.，Not received enough attention。This is here，The behavior of the units that the units that the units hope or try to avoid them are attributed on the unit，It will only cause the same treatment for different units。Whether in conviction or sentencing，This result is all unfair。Unfair results make it difficult to make potential unit defendants better predict and plan their future，It is also not conducive to promoting bet365 best casino games the unit to voluntarily abide by the law。

　　The inner mechanism of the dual penalty system

Traditional Criminal Law Theory believes that the crime of my country's unit is implemented in principle the dual penalty system，The reasons behind it are complicated and diverse。

First，The regulations of the criminal law of the criminal law are ambiguous。Double penalt，It is mainly based on Article 31 of my country's Criminal Law and the clauses of the criminals in the division.，Fine fines of the unit，and the regulations that are directly responsible for the supervisor and other directly responsible persons are sentenced to punishment。Actually，Model of criminal liability for members of the unit when the contract is contracting in the unit of the unit，The earliest dates back to the highest law in 1985、The Supreme Insurance "Answers on Several Issues of Specific Applied Laws in the current Cases of Economic Crime"，That is, the situation of only punishing natural persons in a unit crime。Although the regulations are doubtful in principle in the responsibility of crime，But because the criminal law in 1979 did not stipulate the criminal liability of the unit，The "single penalty system" in the above explanation as a measure of existence，Can avoid the accusations of judicial interference legislation，can also give the unit to condemn the criminal law。However, when the criminal law has recognized the criminal responsibility of the unit today，It seems that the criminal liability of the unit members in the unit crime does not seem to have any meaning。

Next，The mechanical interpretation of the unit crime in the theory。In order to "reasonable" interpretation of the crime regulations of our units，The mechanism of scholars on unit crimes is mostly from the path of naturalism，Understand the unit members as a unit component，and the unit crime is performed by the unit members。where，Personalized System Responsibility Theory Considering，The legal person has an independent personality，Have your own criminal ability and criminal responsibility ability，But the legal person's crime is achieved by the conscious activities of natural persons inside the system，Therefore, a member of the legal person who plays an important role in the overall crime of the legal person，It should also be liable for criminal liability。In the crime of legal Bet365 app download person，Actually a crime，Two criminal subjects。but，This understanding is not consistent with the scope of the units defined by Article 30 defined by Article 30 of my country's Criminal Law，and it does not conform to the basic theory of criminal law，After all, under a crime composition，Only one criminal subject can also exist。

More，The idea of ​​not getting rid of the ability of the legal person without criminal ability。Traditional theories holding the "two criminal subjects" view, although on the surface, recognize the unit's criminal ability，But I still can't get rid of the understanding of the unit crime as the common behavior of the unit and the natural person，essentially a kind of reconciliation that the unit of units without criminal ability and the objective need to control the unit crime。From another perspective，This approach is the projection of the concept of personal responsibilityism in modern natural persons in unit crimes。But because it is too concerned about the blood and blood in the unit、Natural person who can condemn in morality，This theory ignores the unit as a subsystem as a social system，It has a set of running modes independent of a natural person。When the entire system and their behavioral mode are defective, when the members are illegal and criminal，Only the system that blames the result of the infringement of the law and benefits on the system with defects in the unit，can promote the unit to improve the system。If it is difficult to truly clarify the above -mentioned mechanism of the unit crime，Naturally, it is difficult to effectively respond to unit crimes。

　　Re -interpret the normative elements

The research object of the doctrine of law is imagination、Tailoring objects of tailoring and choice。This tailoring should start from the needs of the law。Double penalty system This conclusion is a unit built in the error tailoring law、unit behavior and other elements，From this to the theoretical chaos of criminal law，and the unit's criminal system runs in an anti -functional way。That's why，The key to deconstructing the dual penalty system is to re -interpret these elements。

First，Regulatory understanding of the unit。Traditional criminal law theory that excessively bundle the unit crime with the behavior of the unit members is to understand the natural Bet365 lotto review person as the component of the unit，Ignoring the overall characteristics of the unit as an organization to organize their independence members。Some scholars have proposed to make a different understanding of enterprises in criminal law different from enterprises in civil law。Enterprises in the Civil Law bear independence for their own behavior。But since the Criminal Law acknowledged that the unit and the natural person also have the same criminal ability，So，The independent status of the unit in criminal law should also be recognized。Units of crime doctrine，The important topic is not whether it is or how to punish the members of the units who are improving illegal infringement，Instead, it is on the occasion of the members of the unit that causes legal and benefits，How to blame the units with independent personality，Then it may be promoted to the overall characteristics of the unit、Effective governance of encouraging the occurrence of law and benefits of violations。

2，Regulatory understanding of unit behavior。In the crime of unit，The will and behavior of the unit always achieve through the will and behavior of the intermediary of natural person，Even at the level of unit culture or management structure，It also needs to be gradually formed with the specific behavior of managers。But it cannot be regarded as part of the unit behavior as a part of the behavior of the unit。For example，In indirect correction、Supervision (management) Over -lost occasions，Also existing other people as an intermediary。and unit behavior will inevitably reflect the independent personality of the unit with the subjective position。Unit members' behavior can only be used as one of the many considerations of the behavior of the unit's behavior。On the occasion of intentional committed，In addition to considering the unit representative agency、Outside the will of all members of the members，Also consider the unit organization goals、Procedures for discussion、Supervision mechanism、Cultural atmosphere and other factors that reflect the personality characteristics of the unit。The essence of unit fault lies in a kind of organizational negligence，That is, the unit does not take reasonable legal and benefits preventive measures in advance。As for the behavior of the bet365 best casino games unit member，Although it is for the unit，But it will not lose the essence of their personal behavior。They are not responsible for identity，but behavior responsibility，is your own decision、Approval、Agreement、indulgence、Command、The behavior of directly implementing the crime is responsible。Should the punishment of the unit members be gentle，It is necessary to consider its behavior itself can condemn the size，Of course, including the internal hierarchical system of the unit, etc., these will affect the elements of the motivation of the member's illegal order to form a resistance to members。

third，Reinterpretation of the clause of the unit。The traditional "one crime，Two subjects "unit crime view is actually a criminal interpretation plan。Because of the learning perspective，Unit crime occasion，It is indeed accompanied by the crime of the unit's crime。In terms of criminal law specifications，Criminal theory based on "only one subject of a crime composition"，Only "unit crime，Fine fines of the unit，and the two "units" of the supervisor and other direct responsible persons directly responsible for the person in charge and other direct responsible persons are differently understood。The former "unit" should be understood from the perspective of empirical facts as a unit organization and unit member with the subjective position，The "unit" of the latter is a unit that implements criminal acts in the sense of criminal law and assumes criminal responsibility。In other words，These regulations actually include two criminal compositions in the sense of criminal law。

In short，Although the concept of "my country's unit's crime and a dual penalty system" originated from the fuzzyness stipulated by the criminal law，But looking dialectically，This vagueness also gives the interpreter to flexibly interpret the possibility of the unit's crime in the face of the changes in the form of the unit.。From the perspective of practicalism，It is true that the criminal responsibility of the unit only determines the unit's behavior is really simple and easy to do，To a certain extent, it also plays the role of intimidating units to crime。but，With the self -evolution of units in modern society, especially corporate organizations，separation of organizational bet365 live casino games personality and natural human personality，The investigation of the criminal responsibility of the unit should also get rid of the traditional natural person's personal responsibilityism，and turn to follow the unit itself。Although from the consequences of the criminal law，Only from the unit itself to set off for the criminal responsibility of the unit，It will greatly reduce the scope of the unit punishment，but，This punishment is targeted。On the contrary，Not impartiality in the punishment unit，When it is difficult to play a regulatory effect，The launch of the punishment is not necessary。

　(Author Unit: Wang Jian Law College of Suzhou University)