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对于单位犯罪的研究,好像已经成为了一个老旧的话题。相关专家学者就肯定单位犯罪的说法还有否定单位犯罪的说法展开了激烈的争论,理论界曾经针对《刑法》的修订前后适用性进行了研究还有讨论,在很长的一点时间内,研究单位犯罪已经逐步成为学界重点讨论的话题,最终研究出的关于单位犯罪的成果比比皆是,车载斗量。虽然到了今天,在理论界跟单位犯罪有关的研究渐渐地销声匿迹,但是并不代表着单位犯罪的相关问题已经得到了解决。反而大多数的单位犯罪所争论的问题到现在有没有办法形成一种系统的说法,追究其根源,是没有真正认识单位犯罪的本质。在一方面就说明了单位犯罪的理论性研究难点就在这里,而另一方面也说明了对于单位犯罪的研究仍然是一条漫漫长路。社会主义市场经济的不断发展意味着我国必须对法人也有约束力,这是经济的需要也是刑法上面的需要。现今的状况,是我国对于单位犯罪的理论发展相对滞后。本文认为,首先,在确定单位犯罪的罪名和责任时应当站在客观的立场上;其次,所有的主观都需要客观来进行检验,刑事责任要结合实际来进行制定。
The study of the unit crime seems to have become an old topic. Related experts and scholars have affirmed unit crime and denial of unit crime. There have been heated debates in theoretical circles about the applicability of the Criminal Law before and after its revision. At a relatively long time, research Unit crime has gradually become the focus of academic discussion, the ultimate study of the achievements of unit crime abound, the number of vehicles. Although up to now, the research related to unit crime in the theoretical circles has gradually disappeared, but it does not mean that the related problems of unit crime have been solved. On the contrary, most of the issues that the unit crimes argue about now are there any ways to form a systematic statement. To investigate their root causes is that they do not really understand the essence of unit crime. On the one hand, it shows that the theoretical study of unit crime is difficult here, but on the other hand also shows that the study of unit crime is still a long way to go. The continuous development of the socialist market economy means that our country must also be legally binding on the legal person. This is an economic need as well as a criminal law need above. The current situation is that our country lags behind the theoretical development of unit crime. This article argues that, firstly, it should stand on the objective position in determining the crimes and responsibilities of a unit crime; secondly, all subjective needs to be tested objectively; and criminal responsibility should be formulated in the light of reality.