论文部分内容阅读
在我国,从目前一般所主张的单位犯罪的概述来看,仍然是以单位内自然人为中介来追究单位刑事责任。是以“经单位集体讨论或单位负责人(主要人员)决定实施的危害社会的行为”作为单位犯罪的核心条件的。笔者认为,这种仅将单位集体讨论决定或者负责人决定实施的犯罪作为单位本身犯罪,并以此为基础来追究单位刑事责任的见解,不符合我国现代社会的实际情况,也没有充分概括出我国刑法分则中所规定的单位犯罪类型的全部情况。因此,笔者从单位犯罪的概念和法律特征、该罪名的弊端、产生的原因、单位刑事责任论的前提和确立单位刑事责任意义等方面加以论述,谈了一些观点,以求教于各位同仁。
In our country, judging from the general overview of unit crime advocated by the present, the criminal responsibility of the unit is still investigated through the intermediary of natural persons in the unit. It is based on the principle of “acts harming the society” that are collectively discussed by the unit or decided by the principal (principal) of the unit, as the core condition of the unit crime. The author believes that this type of crime, which is decided only by the unit or decided by the responsible person, is the crime committed by the unit itself, and based on this, the investigation of the criminal responsibility of the unit is not in conformity with the actual situation of our country’s modern society nor is it fully summarized All the types of unit crime as stipulated in the Criminal Law of our country. Therefore, the author discusses the concepts and legal characteristics of the unit crime, the malpractice of the offense, the reasons for the occurrence, the premises of the unit criminal responsibility and the establishment of the unit meaning of criminal responsibility, and discusses some of the views in order to ask for advice to all colleagues.