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对单位实行双罚制的理论根据不是一犯罪两主体说、内容形式统一说或者对立统一说,而是“报应刑与功利刑结合”理论。在处罚对构成单位犯罪负有直接责任的自然人的同时,通过将法人规定为一个承担责任的实体并使其承担罚金刑的责任,实现削弱自然人通过单位再次危害社会的能力。我国对单位犯罪的处罚规范存在着双罚制无法统一贯彻、刑罚配置不尽合理和对单位的处罚措施灵活性较差、刑罚制度不够健全等问题。
The theoretical basis for the implementation of the double punishment system for units is not a crime. The two main bodies say that the content forms are unified or the opposition is unified, but rather that the theory of combining retribution with utility and punishment should be adopted. While punishing natural persons who have a direct responsibility for the crimes that constitute a unit, we will reduce the ability of natural persons to once again endanger the society through their own units, by defining the legal entity as an entity that bears the responsibility and assuming the responsibility of fines. There are two kinds of penalties in our country, such as the double punishment system, the unification of penalties, the unreasonable distribution of penalties, the poor flexibility of penalties for units and the inadequate penalty system.